ALBUQUERQUE, N.M. — The Bernalillo County Law Office of the Public Defender is accusing prosecutors of the New Mexico Office of the Attorney General of eavesdropping on protected jail conversations between accused cop killer Davon Lymon and his public defender.
Lymon is charged with the shooting and killing of Albuquerque Police Department officer Daniel Webster during a motorcycle traffic stop in 2015.
Attorney-client privilege is intended to keep communications between a client and an attorney secret. However, since Lymon is in jail many of his phone conversations and visitors can be surveilled. Of course, one of Lymon’s visitors is his public defender. Of course, Lymon’s public defender contacts him.
In a March 15 filing, The LOPD accused the AGO of listening to Lymon’s conversations with his public defender. The filing comes days after District Judge Briana Zamora kicked the LOPD off Lymon’s state case ruling representing him was a conflict of interest.
The woman reported to be on the back of Lymon’s motorcycle the night of the deadly shooting was 19-year-old Savanna Garcia. The LOPD also represented Garcia when she was a witness in Lymon’s federal trial. Since the two are connected to the same incident, LOPD can’t represent both Lymon and Garcia.
The AGO responded to LOPD’s filing alleging that public defender calls made to the jail are not recorded.
Spokesperson James Hallinan sent KOB the following statement:
“The Office of the Attorney General is committed to seeking justice for Officer Webster and his family. The Court previously ruled that the Law Office of the Public Defender could not represent the Defendant due to a conflict of interest and denied the public defender’s motion to reconsider this afternoon. The Office of the Attorney General disproved these baseless assertions in a March 16 pleading.”
The LOPD contracts with private attorneys when a conflict of interests arises. At this time, it is not clear who will represent Lymon in his state trial.
Credit: Jen French