The audio recording of Lt. Stanton explaining to attorney Tatiana Neroni the policy of Delaware County jail to search legal mail and attorney files, and explanations of the Delaware County attorney

First and foremost - recordings that I placed on this page are legal.

New York has a "one-person consent statute" for recordings of telephone conversations, requiring only one party to the conversations to consent to recordings.  New York law does not require the consenting party to notify the other party to the conversation that the conversation is recorded.

I was a party in both conversations that I publish below.

I posted earlier today a story about how I was blocked from coming to see a client in Delaware County jail under the circumstances where my client is in the jail based on investigations and charges brought by a police officer who nearly run my client over (intentionally) in a police vehicle trying to destroy the tablet she held in her hands while videotaping the police officer.

I naturally find the sudden vigilance of the Delaware County jail, and vigilance directed only at me and only for purposes of access to  this particular client, extremely suspect and in bad faith.

You can listen to my conversation with Lt. Stanton, Chief Officer of the Delaware County Jail, New York by downloading the voice file from this link.  Or, you can listen to the file on the linked site.

You can listen to my conversation with Porter Kirkwood, County Attorney for Delaware County, New York, by downloading the voice file from this link.  Or, you can listen to the file on the linked site.

It is clear that the Delaware County Attorney and the Chief Officer of the Delaware County jail coordinated their statements, but not completely.

The Delaware County Attorney (with whom I talked later than with Lt. Stanton) seemed to be unaware of Lt. Stanton's statement that corrections officers are allegedly supposed to "flip through pages" of my attorney file, and even attempted to deny it.  His denials were replaced with an awkward silence once I told him that I recorded Lt. Stanton's statements.

Also, the Delaware County attorney appeared to be unaware of the county policies on the matter, while Lt. Stanton rattled those policies right off and even relied upon the alleged "minimum standards" allegedly established by the New York State Commissioner of Corrections.

The County Attorney assured me that I will be allowed access to my client today if I go to see her in jail, but still insisted that the corrections officers will look into the envelope, if attorney materials are held in the envelope.  

The County Attorney also could not guarantee me that the corrections officers will not "flip through the pages" of my file, even if my attorney file will be in a "manila folder", which to me was still a denial of access to my client.

I have sent a cease and desist letter to both the County Attorney and the Delaware County Sheriff.

Will keep you apprised as to how the situation develops.