Judge seals clandestine Sonoma County jail recording

Sonoma County detectives Friday turned over to a judge an audio recording of a private conversation between a jail inmate and his lawyer that they said was made accidentally during an attempt to eavesdrop on a Healdsburg murder suspect.

Sheriff's Det. Brandon Cutting and Tim Dempsey, a district attorney's investigator, handed the compact disc containing a 30-minute conversation to Judge Arthur Wick after prosecutor Scott Jamar requested that it be sealed.

Jamar, who is handling the case of slaying suspect Jarrod Miller, 29, along with District Attorney Jill Ravitch, said he learned this week that his office may be in possession of the attorney-client confidential material related to a different case and wanted it safeguarded.

"I did not listen to (the recording)," Jamar told Wick, who ordered it sealed to prosecutors and law enforcement but not defense attorneys.

Miller's lawyer, Joe Bisbiglia, said the recording could become evidence at a hearing next month on his motion to dismiss murder charges against his client. Bisbiglia alleges Cutting broke the law by attempting to record a jailhouse visit between Miller and an older brother and by violating attorney-client privilege in the unrelated case.

A sheriff's spokesman said a hidden microphone left in a jail visiting booth recorded an unintended conversation from another defendant.

Capt. Matt McCaffrey on Thursday admitted the mistake but said it would have no impact because no one listened to the recording. And he said the recording of Miller and his brother lacked any evidentiary value.

But Bisbiglia said it effects his client's right to a fair trial. If Judge Wick is unwilling to toss the charges, he'll ask to have the Sonoma County District Attorney's Office removed from the case because he contends it can no longer remain impartial.

Miller is accused of shooting to death his sister's boyfriend, Tim Neuer, also 29, on March 8. Police have not released a motive and Miller has pleaded not guilty to the charge.

Bisbiglia said detectives interviewed Miller's older brother Chad on March 14. The details are in dispute but Bisbiglia alleges Cutting encouraged the brother to visit Jarrod Miller at the jail and planted a microphone to record the conversation. Bisbiglia said that is illegal because Chad Miller was unknowingly acting as an agent for the state.

McCaffrey denied that's what happened. Miller told detectives he was going so they placed the recording device - an accepted investigative practice.

Both sides will have a chance to argue the matter in court on June 3.