U.S. Magistrate Judge Robert E. Larsen has recommended the denial of a motion to suppress phone recordings of a plot to harm a federal witness obtained by the government through a Rule 17 subpoena without a court order.

While awaiting trial on various federal charges, Gary Eye in concert with his wife, Stephanie Eye, allegedly plotted to harm a federal witness. The alleged plot was uncovered by an informant at a CCA facility who notified the FBI.

The grand jury issued a subpoena to CCA for phone conversations made by Eye. CCA turned the conversations over to the government, but the discs also contained recordings of calls between Eye and his lawyer. The attorney calls were not segregated.

Prior to trial, the government sent a Rule 17 subpoena to CCA for additional phone conversations made by Eye. CCA complied with the subpoena, turning over additional recordings on disc.

Eye moved to suppress the burden of recordings obtained via the Rule 17 subpoena, arguing that the government had failed to obtain a court order for the subpoena. The court found that the government had failed to comply with Rule 17, but Eye suffered no prejudice from the government’s error.

See: United States v. Eye, No. 05-00344-01-CR-W-ODS (W.D. Mo. 2009).

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