Judge Orders Full Hearing on Eavesdropping Claims Against Nashville DA in Murder Case

A Davidson County judge ruled Thursday that she will hold a full hearing on claims that the Nashville District Attorney's Office eavesdropped on defense lawyers, rejecting strong objections from District Attorney Glenn Funk. The hearing will take place Dec. 13.

Criminal Court Judge Cynthia Chappell made the ruling in the case of Calvin Atchison, who is awaiting trial on a first-degree murder charge in the June 2000 killing of Velma Tharpe in a North Nashville alley. The decision follows by about a week the release of a critical report from the Tennessee Comptroller's Office, which found that defense teams had been secretly recorded while reviewing evidence inside the DA's offices.

"There certainly needs to be a determination made of, number one, whether there is a conflict of interest -- and if there's not, whether or not what we know creates an appearance of impropriety," Chappell said. "And then we need to determine the remedy."

Atchison's attorney, Ben Powers, has moved to disqualify Funk's prosecution team. His motion followed the comptroller's report, which included a photograph of Powers and a private investigator examining evidence in the Atchison case. Powers said the two were captured by the DA's recording system as they looked over the evidence and discussed strategy.

Funk appeared personally in a case previously handled by two assistant prosecutors. He argued that the comptroller's report "should not carry any weight" and pointed to Tennessee Attorney General Jonathan Skrmetti's decision not to pursue criminal charges. According to Funk, Skrmetti's letter described the allegations as lacking "quality and veracity."

Chief Deputy Attorney General Lacey Mase disputed that reading in a written statement released Friday. She said the language reflects the general standard governing when a prosecutor may bring a criminal case, not a critique of specific evidence. Mase noted that the attorney general has narrow criminal prosecutorial authority and may file charges only with evidence sufficient to establish jurisdiction and prove every element of a crime beyond a reasonable doubt. Skrmetti's letter also cautioned that closing the matter in his office "does not absolve you or your staff of any ethical duties that may be implicated," a point Funk did not mention in court.

Funk told the court, "No one in this office ever intentionally recorded, no one ever reviewed," the material in question, adding that the area had signage and microphones. He called the motion an attack on the reputations of veteran prosecutors Roger Moore and Amy Hunter and asked for an immediate hearing, possibly as early as next week.

Powers objected that prosecutors had not yet responded in writing and that the session was meant only to set a schedule. When he interrupted, Funk cut him off, saying, "This is exactly why we need to schedule quickly, Mr. Powers." Powers said he needed more time to investigate and subpoena witnesses. Of the motion, he told the judge it "did not create the cloud. It reacted to the cloud, and it's not baseless."

Funk also suggested the dispute over the recording system missed the larger point, describing the underlying case as straightforward and saying DNA identifies Atchison as the person responsible for the killing.