Legal Question in Criminal Law in Kentucky

defendants rights to obtain information about a witness

In a local drug case, a defence attorney gave a taped conversation between an informant and a state police detective containing personal information about the informant. (the informants social security number, date of birth, address etc...) This, accused, drug dealer made several copies of this tape and distributed it among other known drug dealers. The informant is now receiving threatening phone calls and his SSN, DOB and address is now know by the entire network of drug dealers. Is this activity legal? (for the attorney to give the defendant the tape / for the defendant to make copies and distribute the copies)


Asked on 11/27/01, 9:03 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: defendants rights to obtain information about a witness

The undercover tape is part of the record and evidence of the case and as such is public record if it is to be used as a basis of convicting someone. The information contained on that tape becomes public record. The defendant has every right to hear the tape. The informant takes this chance when he becomes an informant. At some point he/she will be identified unless the Court has previously entered a protective order.

On the other hand, he/shse may be able to charge the callers with harassing communciations or terroristic threatening. Also the illegal use of a social security is a crime. Seek the advice of the officers/prosecutor.

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Answered on 11/28/01, 8:17 am


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