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Attorneys say Idaho man’s attorney-client privilege violated

Posted at 11:45 AM, Oct 24, 2019
and last updated 2019-10-24 13:46:38-04

BOISE, Idaho (AP) — Prosecutors have violated an Idaho man’s constitutional right to attorney-client privilege after viewing video footage of meetings with attorneys and psychologists, defense attorneys said.

Attorneys filed a motion Oct. 17 on behalf of Ruben Diaz, who is suspected of stabbing a man last year, the Idaho Press reported Wednesday.

Related: Prosecutors say attacker was out to "kill someone" in vicious Boise stabbing

Diaz, 38, is charged with attempted murder and other counts after police said he stabbed 76-year-old Gary Vinsonhaler Nov. 8, 2018, on the man’s front lawn in southeast Boise, prosecutors said.

Prosecutors violated Diaz’ rights by obtaining surveillance footage of his meetings with attorneys and a psychologist while in Ada County Jail, attorneys said.

Related: Suspect arrested and charged following Boise stabbing

Prosecutors requested recordings and transcripts from defense attorneys Sept. 17 of interviews between psychologist James Davidson and Diaz, according to the motion. Prosecutors viewed footage Sept. 19 provided by the sheriff’s office without a response from the defense.

Attorneys objected to the request Oct. 1, saying Diaz’s conversations with the psychologists were exempt form disclosure, according to the motion.

Attorneys said they asked the sheriff’s office to withhold turning over footage until attorneys could discuss the issue at a hearing next Thursday.