Chattanooga police say the audio tape recorded by former Bradley County Judge John
Hagler contains graphic details, and audio of what sounds like someone being
tortured or killed.
Det. Alan Franks testified Wednesday at an injunction hearing at Hamilton County
Chancery Court. Chancellor Frank Brown set the hearing as Chattanooga Mayor Ron
Littlefield's office was poised to release the audiotape in response to an open records
request by the Chattanooga Times Free Press and several other media outlets.
Hagler's attorney Roger Jenne asked a judge to issue a temporary restraining order to
prohibit the release of the tape. Now, Hagler's lawyer is seeking an injunction and asking
for the tape and all of its copies to either be returned to Hagler, or kept under locked court
protection.
For the past two years, the tape has been in the hands of the Chattanooga Police
Department. Det. Franks says Hagler's former secretary brought the tape to their attention
in 2005. Since then, the Chattanooga Police Department, the Tennessee Bureau of
Investigation, and the Federal Bureau of Investigation have all investigated the contents of
the tape.
Police say an informant told them Hagler knew or had ties to Father Marty Davis, a priest
who was killed at his Brainerd home in 1995. Homicide detective Bill Phillips says Hagler is
not a suspect in the case, but based on other information they have, Phillips believes the
tape is an important part of their investigation. The case of Davis' death is still open.
Despite objections by Jenne at the hearing, Franks testified that the tape was disturbing,
and one of the worst things he'd heard in 24 years.
Franks says Hagler is the only voice heard on the tape. He added that it, "sounded like
someone was being tortured or possibly killed."
In December someone leaked the tape to the media. Hagler's attorney says it's no
coincidence that the tape was leaked just days after Hagler's high-profile ruling against the
Bradley County Sheriff's Department that sued the county for more money and lost.
"The tape was released in a retaliatory fashion," Jenne says. "The Chattanooga Police
Department was a willing participant in that retaliation... Someone in Bradley County was
involved and leaked it to the media."
But the public has the right to hear the tape, argues Anthony "Bud" Jackson. Jackson is
the lawyer for the Times Free Press. He says the public information act extends to evidence
that is in public custody, and therefore, the police department is required to release the
tape to the media.
However, lawyers for the city of Chattanooga argue that the tape is part of an ongoing
criminal investigation, and therefore should not be rleased.
Phillips admits the release of the tape would be damaging to Hagler and his family. Hagler's
lawyer says his client has a right to privacy, adding that was stolen by Hagler's secretary
around the same time she was fired in 2005. He likens it to "illegal search and seizure" and
says the tape should immediately be returned to Hagler.
Source: NewsChannel-9
Hagler contains graphic details, and audio of what sounds like someone being
tortured or killed.
Det. Alan Franks testified Wednesday at an injunction hearing at Hamilton County
Chancery Court. Chancellor Frank Brown set the hearing as Chattanooga Mayor Ron
Littlefield's office was poised to release the audiotape in response to an open records
request by the Chattanooga Times Free Press and several other media outlets.
Hagler's attorney Roger Jenne asked a judge to issue a temporary restraining order to
prohibit the release of the tape. Now, Hagler's lawyer is seeking an injunction and asking
for the tape and all of its copies to either be returned to Hagler, or kept under locked court
protection.
For the past two years, the tape has been in the hands of the Chattanooga Police
Department. Det. Franks says Hagler's former secretary brought the tape to their attention
in 2005. Since then, the Chattanooga Police Department, the Tennessee Bureau of
Investigation, and the Federal Bureau of Investigation have all investigated the contents of
the tape.
Police say an informant told them Hagler knew or had ties to Father Marty Davis, a priest
who was killed at his Brainerd home in 1995. Homicide detective Bill Phillips says Hagler is
not a suspect in the case, but based on other information they have, Phillips believes the
tape is an important part of their investigation. The case of Davis' death is still open.
Despite objections by Jenne at the hearing, Franks testified that the tape was disturbing,
and one of the worst things he'd heard in 24 years.
Franks says Hagler is the only voice heard on the tape. He added that it, "sounded like
someone was being tortured or possibly killed."
In December someone leaked the tape to the media. Hagler's attorney says it's no
coincidence that the tape was leaked just days after Hagler's high-profile ruling against the
Bradley County Sheriff's Department that sued the county for more money and lost.
"The tape was released in a retaliatory fashion," Jenne says. "The Chattanooga Police
Department was a willing participant in that retaliation... Someone in Bradley County was
involved and leaked it to the media."
But the public has the right to hear the tape, argues Anthony "Bud" Jackson. Jackson is
the lawyer for the Times Free Press. He says the public information act extends to evidence
that is in public custody, and therefore, the police department is required to release the
tape to the media.
However, lawyers for the city of Chattanooga argue that the tape is part of an ongoing
criminal investigation, and therefore should not be rleased.
Phillips admits the release of the tape would be damaging to Hagler and his family. Hagler's
lawyer says his client has a right to privacy, adding that was stolen by Hagler's secretary
around the same time she was fired in 2005. He likens it to "illegal search and seizure" and
says the tape should immediately be returned to Hagler.
Source: NewsChannel-9
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