NASHVILLE, Tenn. (WTVF) — NewsChannel 5 has asked a Davidson County judge to order Nashville District Attorney General Glenn Funk to turn over public records relevant to an on-going criminal investigation of his office.
The petition for access, filed in Davidson County Chancery Court, also asks Chancellor I’Ashea L. Myles to order the Nashville Democrat to pay NewsChannel 5's legal fees because of his "unjustified and willful" failure to comply with the Tennessee Public Records Act.
Funk has 30 days to respond to the petition.
At issue are documents related to the installation of security equipment in and around DA offices that is capable of surreptitiously monitoring and recording conversations of individuals who don't know anyone is listening.
After NewsChannel 5 Investigates first raised questions about the equipment in February, Funk held a staff meeting to discuss the reporting. However, when NewsChannel 5 filed a request for notes taken during that meeting, the DA's Office provided them only after making substantial redactions that rendered the documents essentially useless.
That same month, Tennessee Attorney General Jonathan Skrmetti's office notified Funk that they were investigating possible violations of wiretapping laws.
In March, the TBI raided the DA's offices.
Funk has insisted that no laws were broken, that the listening devices were installed in areas where his employees and visitors had no reasonable expectation of privacy.
He has refused to turn over certain records requested by NewsChannel 5, claiming a need to protect vital security information.
Yet, the petition — filed by NewsChannel 5 lawyer Ron Harris of Neal Harwell — notes that "at approximately the same time that the District Attorney's counsel denied Mr. Williams' requests by claiming the need for confidentiality for allegedly sensitive security-related information, the District Attorney's office provided 'tours' of that office to other journalists, in which they pointed out the nature and location of the surveillance equipment at issue."
Those tours were provided to the The Tennessean and the Nashville Scene, although Funk's office has not responded to a separate request for communications between them and the journalists who were given the tours.
"The District Attorney's denials of access are willful and improper," the petition says. "Indeed, information about the nature and location of surveillance equipment has been open for inspection by other journalists, but not Mr. Williams.
"His requests have been met with denials and threats of legal action. Under the circumstances of these requests, the refusal to allow access to such public records is willful and entitles Petitioners to an award of costs and attorneys' fees."
It continues, "This is a matter of significant public interest. The denial of access to these public records by this public official violates the letter and spirit of the Tennessee Public Records Act. The denial of access undercuts the important guarantees of free speech and freedom of the press provided for in the First Amendment to the United States Constitution and Article I, § 19 of the Tennessee Constitution."
Read the full petition and supporting memorandum below:
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