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Secret Recordings Get State Trooper A 3-Day Suspension

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By TODD LESKANIC, The Tampa Tribune

Published: December 8, 2007

DADE CITY - A supervisor with the Florida Highway Patrol earned a three-day suspension for secretly recording prosecutors as they discussed pending traffic homicide cases.

Sgt. Heather Glenny, head of Pasco County's traffic homicide unit, was notified of the suspension Nov. 19 but hadn't served it as of Thursday. When she does, she won't be paid for those days.

Glenny, 31, a 10-year veteran of the patrol, declined to comment on the incident or the suspension.

The sanction was the result of an internal affairs inquiry by highway patrol's Bureau of Investigations that began in April. The investigation started after Assistant State Attorney Manny Garcia noticed Glenny holding a tape recorder during case strategy discussions on March 23.

In his statement to internal affairs investigators, Garcia said Glenny refused to turn off the recorder, even though he repeatedly asked her to and advised her that she was committing a felony by recording him without consent. Glenny taped the entire 45-minute discussion, during which they talked about pending cases, before leaving.

"They left. I was hot. I was extremely angry about it," Garcia told patrol investigators in April.

"You know, I - I couldn't believe that she would have the audacity to ask me for my time and then come in here and surreptitiously tape the conversation."
Glenny told investigators she decided to record the discussions because she felt prosecutors were giving troopers conflicting statements about pending cases. She admitted taping Garcia without his consent but said the recorder was in his view.

She also acknowledged taping Assistant State Attorney Michael Mervine during discussions with him the same day. Mervine told investigators he didn't know he had been recorded.

Bruce Bartlett, chief assistant state attorney, said prosecutors could have charged Glenny with a crime for the incident, but opted not to.

Prosecutors and investigators normally meet during the course of pending investigations to talk about case strategy, evidence and charges. Those talks are confidential and not subject to public records laws.

Recording what is said could make the discussions subject to discovery laws, meaning prosecutors would have to turn the recordings over to defense attorneys before trial. That would allow the defense an insight into the state's plans and strategies it normally wouldn't have.
Glenny told an investigator she wasn't aware that recording the meetings could create discovery problems for the state.

Now the state finds itself battling to keep the recording out of the hands of defense attorney Michael Brannigan. Brannigan represents Elias Soto, a Zephyrhills man charged with DUI manslaughter.

On Wednesday, Brannigan argued to Circuit Judge Pat Siracusa that the recording made by Glenny contains discussions about his client's case and should be turned over. Garcia argued against it, saying the discussions on the tape represent attorney work product, or his thoughts and opinions on the case, which usually are exempt from discovery.

Siracusa said he will review the tape then make a ruling.

Reporter Todd Leskanic can be reached at (352) 521-3156 or tleskanic@tampatrib.com.

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