JACKSONVILLE, Fla. — The question of attorney-client privilege was at center stage Thursday in a hearing prior to the trial of the people accused of murdering Jared Bridegan, a father of four children who lived in St Johns County.
The defense attorneys for one of the accused, Mario Fernandez, want the entire 4th district of the state attorney's office disqualified for what they say is a violation of Fernandez's attorney-client privilege.
An attorney from the defense and the lead prosecutor in this case both took the witness stand to describe how they believed privilege was violated or maintained by both sides in this case
Mario Fernandez entered the courtroom in shackles, but the woman who is prosecuting him in this case took the witness stand. Assistant State Attorney Christina Stifler said she instructed agents going through evidence to maintain privilege.
"I entered into an agreement with defense counsel that we'd delete anything between an attorney and client, it would be a blind review," testified Stifler.
But Fernandez's attorney Jesse Dreicer said agents who worked for the state sent the state privileged information that was marked confidential.
"They're not taint agents," said Dreicer. "Who are they to decide what is and isn't privileged?"
Dreicer said even if new state attorneys are brought on this case, the death penalty will still be sought for his client.
"Nowhere did I ask for this case to be dismissed, I just want a prosecutor who hasn't read our documents," said Dreicer.
"I'm proud of the work the State Attorney's Office and ASA Stifler did to ensure attorney-client privilege was upheld," said Alan Mizrahi, Director of the Homicide Division for the 4th District of the State Attorney's Office.
The judge did not make a final ruling on the matter of disqualification during court on Thursday but said that she plans to rule on the motion during a hearing scheduled for 9 a.m. on May 2.
The defense team for another defendant, Shanna Gardner, will make their arguments related to attorney client privilege on Friday.