Former The Real Housewives of Orange County star Josh Waring has been hit with another legal blow in his attempted murder case.
Attorneys for the Orange County Sheriff’s Department filed a brief on March 13, claiming there has been no “outrageous government conduct” in recording his jailhouse phone calls, according to exclusive documents obtained by RadarOnline.com.
As Radar previously reported, Waring’s attorney Joel Garson filed a motion to dismiss the case, claiming his client’s Constitutional rights to a fair trial were violated after private phone calls were recorded and submitted to prosecutors without his consent.
The telephone calls in question took place when Waring, who is former RHOC star Lauri Peterson’s son, acted as his own attorney.
Attorneys for the cops claim Garson’s reasons do not qualify for dismissal based on privilege that protects materials prepared for litigation from discovery by opposing counsel.
The brief states that phone calls are not a “writing that reflects an attorney’s conclusions, opinions, or legal research or theories.”
Also, lawyers argue it’s the right of the jail to record and listen to non-privileged conversations for jail security.
“Inmates have no expectation of privacy when they use jail phones,” according to the documents.
Attorneys also claim Waring was given notice his calls would be recorded through posted signs and recorded messages preceding the phone calls.
Even if Waring had special privilege, which the attorneys argue he does not, “it was incumbent upon Waring to protect the alleged privilege by not using the phone system to make the calls.”
In a previous Radar interview, Garson said: “When I was listening to the phone calls, they were clearly listening in to what is essentially attorney-client privilege … he’s talking to his family about trial strategy."
The district attorney in Orange County calls the request for dismissal “wrong,” claiming recorded telephone calls in question are “unprivileged,” according to court documents previously obtained by RadarOnline.com.
In June 2016, the former reality star was charged with attempted murder after allegedly opening fire on three people and shooting one in Costa Mesa, and leading cops on a car chase before being captured.
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