"Search adds twist to Frisco murder-for-hire case," is the headline in the Dallas Morning News. The report is written by Ed Housewright. LINK
The highly unusual search of a defense attorney's offices at the request of the prosecution has triggered a vigorous legal fight in a lurid Frisco murder-for-hire case.
Attorneys for Mark Lyle Bell – with support from the Texas Criminal Defense Lawyers Association – accuse the Collin County district attorney's office of violating attorney-client privilege.
"I think it's unconscionable," said David Schulman of Austin, one of the attorneys for Mr. Bell, who is accused of being the triggerman.
Prosecutors in the death penalty case defend the search, saying they had strong indications the defense was hiding evidence, including the boots Mr. Bell wore the night of the killing.
"No one has a right to conceal evidence in a criminal case, including attorneys," said Greg Davis, first assistant district attorney.
And:
The controversy is focusing now on State District Judge Mark Rusch, who signed the warrant to let Frisco police and Texas Rangers search the McKinney office of another defense attorney, Keith Gore. Mr. Bell's attorneys want the judge removed from the case.
Members of the Texas Criminal Defense Lawyers Association plan to be at an Aug. 5 hearing on the request for Judge Rusch's recusal.
"I thought it was pretty outrageous to issue a search warrant for a lawyer's office," said Craig Jett, the association's immediate past president. "A defendant has a right to have his communication with his lawyer be private."
Judge Rusch declined to comment, but the Texas attorney general's office says he should not be taken off the case. It also says the judge shouldn't be forced to testify at the hearing.
The attorney general filed a motion in support of Judge Rusch on Monday. The document did not address whether he acted properly in granting the search warrant; instead, it says that "prior issuance of a search warrant or review of evidence by a judge is not a basis for recusal."
Mr. Bell's attorneys strongly disagree. They say Judge Rusch would be biased because he has seen evidence that could be used against Mr. Bell.
"Judge Rusch knows facts about the Defendant and his potential defenses that he should not know," attorneys said in their June motion to recuse the judge.
Linda Eads, a law professor at Southern Methodist University, said lawyers can be subject to a search warrant.
"They do not get to hide the fruits of a crime," said Dr. Eads, a former federal prosecutor. "There's absolutely no prohibition of having a search of an attorney's office."
However, she said, such warrants are rare and are considered an extreme measure to obtain evidence.
Dr. Eads said courts must balance "the level of probable cause against the incredible importance of the attorney-client relationship."
The Fort Worth Star-Telegram carries an AP report, "Defense lawyers group upset over search of office."
No trial date has been set in Bell's capital murder case. He is accused of fatally shooting 36-year-old Craig Nail in his Frisco home in December. Authorities said Nail's estranged wife, Vera Elizabeth Guthrie-Nail, wanted him dead. She and another man, Thomas Edward Grace, face charges of conspiracy to commit capital murder.
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