Tennessee Attorney General Jonathan Skrmetti sent a letter to Nashville District Attorney Glenn Funk on Wednesday announcing that he would not pursue charges against the 20th Judicial District Attorney General’s Office following a 19-month investigation into wiretapping concerns.
On February 10, 2023, Skrmetti launched a criminal probe into Funk’s office after revelations of listening devices being installed around the district attorney’s offices in downtown Nashville, as previously reported by The Tennessee Star.
Funk insisted at the time that the listening devices “capable of picking up conversations of employees and visitors without prior warning” were installed around his offices to “provide a safe working environment” for his employees in the wake of “threats” to his office.
In his letter to Funk (pictured above, left) on Wednesday, Skrmetti (pictured above, right) said that while his office found that the “facts and law do not provide sufficient basis for a successful criminal prosecution” upon the investigation into his district attorney’s office, Funk nor his employees are absolved of “any ethical duties that may be implicated by the underlying concerns.”
One concern Skrmetti expressed with Funk’s use of listening devices around his offices is the possible implication of a defendant’s Brady rights, which requires the prosecution to turn over all exculpatory evidence to a criminal defendant.
“I am particularly troubled by the audio recording functionality in places where defense attorneys converse with their clients, especially in the Crimes Against Children room. This practice could under certain circumstances implicate a defendant’s privilege or Brady rights,” Skrmetti explained.
“While we have no evidence that these recordings were reviewed or used for any improper purpose, you should consider whether you or your subordinates have any duty to report or disclose past conduct regarding that practice or any other potential violation of your ethical obligations,” Skrmetti added.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Photo “Jonathan Skrmetti” by Tennessee Attorney General. Photo “Glenn Funk” by Glenn Funk.
