GRAND RAPIDS, Mich. - After learning an accused killer’s outgoing letter to her lawyer was copied by jail staff and given to police, a Kent County judge on Tuesday stepped in to ensure it doesn't happen again.
“It’s not going to continue,’’ Kent County Circuit Court Judge Mark Trusock said. “I will issue an order that says the sheriff is not to do this. If anybody violates that, they can be held in contempt.’’
The practice recently came to light when a letter written by accused child killer Lovily Johnson to her lawyer was opened at the jail, copied and forwarded to Wyoming police.
Wyoming police contacted the prosecutor's office after realizing the letter was legal correspondence. Kent County Prosecutor Chris Becker had the letter delivered to Trusock, who is presiding over Johnson’s felony murder case.
"I don't believe there has been any harm in this particular case because the prosecutor did not read it,'' Trusock said.
The matter was discussed during a Tuesday, Aug. 28, hearing attended by Becker, Johnson and defense attorney Jonathan Schildgen.
“We’re going to make sure we get to the bottom of this and this does not happen again,’’ Trusock said.
Opening inmate mail is nothing new; it’s standard practice to ensure drugs and other contraband does not get inside the jail. Incoming legal mail is opened in the presence of the inmate.
In some cases, the prosecutor’s office will ask jail staff to copy letters for a specific inmate. Becker said legal mail is off-limits.
“We have a standard letter pursuant to our major cases that we send to the jail asking that incoming and outgoing mail be copied,’’ Becker told the court. “In that letter we put a caveat that no mail should be copied that is an attorney-client privilege.’’
But that’s apparently what happened with one letter Johnson sent to Schildgen, who works for the Kent County Office of the Defender.
Schildgen called the attorney-client breach “maybe one of the more frustrating things I’ve ever heard.’’
He also contends it was done in two other cases; one involving Quinn James, who is accused of killing an East Kentwood High School student earlier this year.
“When all these people have access to confidential, privileged material before the defense attorney does, it feels like the whole system is broken down,’’ Schildgen said. “It’s saying there is some breakdown in what the jail is doing.’’
Jail officials concede Johnson’s outgoing letter should not have been copied and forwarded to Wyoming police.
“A mistake was made,’’ said Chuck Dewitt, chief deputy of corrections for the Kent County Sheriff’s Department. “It shouldn’t have been done. We’re moving forward to make sure it doesn’t happen again.’’
Now, any mail that is flagged for copying will get another set of eyes to ensure it is not legal correspondence, he said.
“What’s most important is to ensure that this does not happen in the future,’’ Dewitt said.
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