A man who pleaded guilty to car theft is trying to get his plea deal thrown out based on allegations stemming from the phone scandal in which hundreds of privileged phone calls between defendants and their attorneys were improperly recorded, according to a motion filed in the case Friday.
Ryan Anthony Franks pleaded guilty in April to single felony counts each of car theft and receiving stolen property. He is scheduled to be sentenced Wednesday, but is attempting to have the plea deal tossed as he tries to get the vendor in charge of jailhouse phone calls to provide more evidence of recorded calls.
Franks’ attorney, Assistant Public Defender Scott Sanders, filed a motion opposing efforts by Global Tel Link to quash a motion seeking more evidence regarding recorded phone calls. GTL attorneys have called Sanders’ motion to produce more evidence a “fishing expedition.”
Sanders wrote in the motion that it is an “extraordinary claim by a company with its history of illegally recording inmate calls and misleading defendants, courts and government entities.”
Sanders alleges that a phone number in his Westminster office was on a “do not record” list since April 2019 “less than a year after GTL claimed it had fixed the enormous problems in Orange County.”
The vendor blamed a software glitch on attorneys’ phone numbers being dropped from a “do not record” list. Phone calls from jail inmates to their attorneys are private and not allowed to be recorded.
Sanders wants his client’s case dismissed based on outrageous governmental misconduct claims.
At issue in Franks’ case is a call he made Nov. 6, 2019, to his attorney, which was provided to Sanders in September by a special master, who is helping to release all improperly phone calls to defense attorneys.
Sanders said six calls from the jail to the Public Defender’s Office number were recorded.
“These six calls (and likely more than a thousand others) that were made to the (public defender’s) main number for the Westminster Branch, were recorded after April 2019 — the month that number was uploaded to the Do Not Record List according to both a representative of the (Sheriff’s Department) and the … special master,” according to the motion.
Sanders argues that he needs more information about the system GTL is using to block recording of calls to determine what is going wrong.