Sonoma County judge to rule on seized jail letter

A Sonoma County judge may make a determination Friday whether a letter jail guards seized from an inmate is protected from disclosure by the attorney-client privilege.

On March 21, sheriff?s department jail guards confiscated a letter found in the cell of Preston Khaoone, 23, who ? with five other defendants ? is charged with murder in the killing of a potential witness near Jenner Beach last year.

The dead man was the brother of an alleged victim in an assault case against two of Khaoone?s brothers. Investigators say the man, Vutha Au, was killed to prevent his testimony in the case against Pongsony and Perry Khaoone in the assault of Terry Au, Vutha Au?s brother.

Jail guards alerted prosecutors to the letter, which was subpoenaed under seal and delivered to the court last week. Prosecutors and a county lawyer representing the sheriff?s department argued that the contents of letter could have ?public safety? ramifications.

Khaoone?s attorney has argued that the letter, the contents of which haven?t been publicly disclosed, are confidential and was improperly seized.

A judge ordered this week that sheriff?s employees not to divulge the contents of the letter pending a ruling on whether it is legally protected. He also ordered jail officials provide Khaoone? lawyer with a copy of the letter.

Prosecutor Traci Carrillo said ethical precautions were taken to assure both sides? rights.

?This protects all parties ? defendant?s constitutional right, as well as the people?s right to have the ultimate verdict upheld on appeal," she said in an email.

Judge Ren?Chouteau has reviewed the letter and is expected to either issue a ruling Friday morning about whether it is confidential or should be disclosed based on a potential public safety threat.