Nashville DA Glenn Funk Steps Aside From Murder Case, Sidestepping Hearing on Eavesdropping Claims

Nashville District Attorney Glenn Funk has withdrawn his office from a murder prosecution, a move that heads off a court hearing into allegations that his staff eavesdropped on defense lawyers. As a result, the public will not hear new details about the matter for now.

A judge handling the case against Calvin Atchison, who is charged in a June 2000 killing, had scheduled a Friday hearing at which witnesses with direct knowledge of the surveillance operation were expected to testify. That hearing comes more than a year after NewsChannel 5 Investigates first reported on the eavesdropping system inside the district attorney's offices.

In a new court filing, Funk argued that appointing a special prosecutor would serve the interests of justice and that there is no need for "protracted litigation" over the allegations. He described the pending motion to disqualify his office as "devoid of merit" and "based on factually incorrect innuendo," but said a drawn-out fight would only delay justice for the victim, Velma Tharpe.

The dispute grew out of a September report by the state comptroller's office. It concluded that government employees in the district attorney's office "surveilled and monitored audio and video recordings of criminal defense attorneys without their knowledge or consent." A photo in the report showed defense attorney Ben Powers and an investigator reviewing case files at the DA's office suite while preparing Atchison's defense. They did not know their conversations were being recorded.

According to the report, numerous defense lawyers told investigators that nobody in the office had informed them the viewing room had a microphone capable of capturing their words. They said privileged matters, including clients' statements and defense strategy, were often discussed there, and that they would not have stayed had they known. Some said they stopped visiting the office altogether.

Investigators found that Funk's office posted signs warning of video surveillance but did not disclose that the cameras could also intercept conversations, as the law requires. The report confirmed that other cameras around the office could record conversations too. It also stated that Funk acknowledged knowing the conversations were recorded, though he maintained the defense attorneys had no expectation of privacy.

At an October hearing, Funk at times angrily objected to Powers pursuing the issue. The judge, however, agreed that Powers had a right to learn how far prosecutors went in monitoring the defense team. "His photograph was in the report. I think he should have the ability to investigate," she said.

Tennessee Attorney General Jonathan Skrmetti has announced he will not prosecute Funk or anyone in his office over the eavesdropping. State Comptroller Jason Mumpower had publicly urged Funk to request a special prosecutor to review the allegations, a suggestion Funk rejected. The Atchison case is the only one the state investigation specifically identified in which the office recorded a defense team at work. Those questions have also been referred to the Tennessee Board of Professional Responsibility, which regulates attorney licenses.