Judge Fleischer: 300 Jail Calls & Heavy Hitter Lawyer |
Judge Fleischer: 300 Jail Calls & Heavy Hitter Lawyer
Judge Fleischer Locks Horns With Defense Over 300 Jail Calls and Administrative Segregation
Preview: In a fiery courtroom showdown, Judge Fleischer sparred with a high-powered defense team over allegations that an incarcerated defendant, Mr. Wiggins, racked up nearly 300 unauthorized calls to a protected witness. While the state pushed for administrative segregation to halt the communication, defense counsel fiercely contested the move, defending constitutional access to counsel and sparking an intense debate over least restrictive measures.
The State Alleges Nearly 300 Jail Calls
The hearing commenced with Judge Fleischer going on the record alongside attorneys Anna Edy and Daniel Munier, who stepped in on short notice to represent Mr. Wiggins. The proceedings quickly escalated when the prosecution brought forth a severe compliance issue, informing the court that jail logs indicated an alarming volume of outbound communication.
According to the state, Wiggins had dialed the complaining witness’s phone number 293 times since late March, including 28 attempted calls made just the previous day. The staggering figures prompted immediate concern from the bench regarding the enforcement of ongoing no-contact orders while the defendant remained in custody.
Defense Counsel Fights Administrative Segregation
Stepping up to counter the state’s request, the defense argued vehemently against placing Wiggins in administrative segregation. Counsel contended that such a measure acted as a “hammer when a scalpel is needed,” pointing out that locking the defendant down would severely hinder his ability to communicate with legal representation regarding both his current misdemeanor matters and concurrent, serious felony cases.
The defense further argued that restricting phone access entirely would infringe upon constitutional rights, suggesting alternative remedies such as blocking the specific phone numbers at the recipient’s end rather than cutting off all institutional communication.
A Stern Warning and a Temporary Affidavit
Faced with the logistical challenges of jail communication and the defense’s constitutional objections, Judge Fleischer weighed the court’s options carefully. Acknowledging the need to review the formal call logs and evidence before taking drastic administrative action, the judge opted for a temporary reprieve.
Instead of immediate segregation, Judge Fleischer required Wiggins to sign a legally binding affidavit swearing under oath to cease all direct and indirect contact with the witness, including routing calls through third parties. The court scheduled a formal evidentiary hearing for the following Monday to examine the call records, warning the defendant that any future violations would carry severe contempt charges punishable by jail time and heavy fines.
