SHELBYVILLE, Mo. - UPDATE 2:14 p.m.: A Shelby County judge was unconvinced Thursday that charges be dropped against mid-Missouri attorney Shayne Healea but does believe the Columbia Police Department should face certain consequences for violating state law in recording a conversation between Healea and his attorney that should have been in a secure place.
A "special master" judge Hadley Grimm's report indicated that the trial should not be dismissed and presiding judge Frederick Turner said he agreed with the report.
"I thought the report was very clear," said Tucker.
Healea's lawyer, Shane Farrow, is arguing that Columbia police recorded a conversation between Healea and Farrow on the night he was arrested. Healea said he requested a private conversation but the call was still recorded and handed over to the Attorney General's office. Farrow said that was a violation of the Sixth Amendment, client-attorney privilege.
Judge Rick Tucker said he did not believe the conversation was grounds for dismissal since the report indicated the only thing discussed by Healea and Farrow was Healea's refusal to take a breathalyzer test and not trial strategy.
Farrow disagreed, saying there was additional discussion about the possibility of a search warrant, a field sobriety test, witnesses and physical condition. Tucker said Farrow should bring that detail to the court if he wished to file another motion to get the trial dismissed.
The trial is set for June 5 in Macon, and a pre-trial hearing will occur March 2 at 9:00 a.m.
It is possible that the judge will also rule all evidence involving mention of the breathalyzer test and blood samples be suppressed at trial, including a search warrant that mentions it.
For some reason, that original search warrant is not on file in the Boone County circuit clerk's office.
ORIGINAL STORY: A hearing is scheduled today in Shelbyville for a mid-Missouri prosecutors case.
Shayne Haelea was arrested after driving his car into Addison's restaurant in 2014. He was also suspected of driving drunk but refused to take a breathalyzer test.
A mid-Missouri prosecutor says police improperly recorded a phone call between him and his attorney, and the Missouri Attorney General's office failed to disclose it. It's expected to be determined if the call can be used as evidence at today's hearing.
According to a new court filing from the attorney for Moniteau County prosecutor Shayne Healea, all five of his criminal charges should be dropped for the alleged Sixth Amendment violation. Shane Farrow, the Jefferson City-based attorney, said Columbia police officers "observed" Healea talking to his attorney, despite Healea asking for privacy to speak after his arrest.
Police arrested Healea, the elected prosecutor for Moniteau County, in October 2014 outside Addison's Restaurant in downtown Columbia. Healea backed his truck into the glass block window in the alley behind Addison's, injuring four people inside.