COLUMBIA — The attorney general's office said it didn't intentionally violate Shayne Healea's Sixth Amendment rights, and the case should go on.
Healea, the Moniteau County prosecutor who was arrested on suspicion of drunken driving after crashing into a downtown Columbia restaurant in 2014, is facing five felony charges: four felony assault charges and a felony charge of leaving the scene of an accident.
Healea's lawyer, Shane Farrow, filed a memorandum Oct. 3 saying Columbia Police video-recorded a conversation between Farrow and Healea and gave the recording to the attorney general's office. The recording of the conversation violated attorney-client privilege, Healea's Sixth Amendment right to counsel and a fair trial, Farrow argued. He asked for dismissal of all charges against Healea in the case.
In a response filed Monday in Shelby County Circuit Court, Assistant Attorney General Julie Tolle states the recording was unintentional and that the attorney general's office did not view the recording that Farrow said the office received. The attorney general's office said it turned over all evidence, in accordance with the rules of discovery.
In July, the state said in court the recording did not exist. The attorney general's office said Monday that no one in the office had watched it and had been unaware it existed until October.
Tolle was named special prosecutor on the case after Boone County Prosecuting Attorney Dan Knight recused himself because of Knight and Healea's professional relationship.
Healea was arrested on Oct. 25, 2014, after police said he backed his truck into Addison's An American Grill on Cherry Street while over the legal limit for alcohol consumption. Healea's Ford F-150 hit a 36-square-foot window and showered the restaurant with glass and debris. Four people went to University Hospital with minor injuries.
According to a fire department news release, Healea left the scene of the crash and parked in front of the Tiger Hotel. Columbia Police officers found him in an alley nearby that night, according to the release.
Healea declined a breathalyzer test and later had blood drawn to check his blood-alcohol levels. The Attorney General's office said in the filing that Healea's blood alcohol content was 0.117 percent, over the legal limit of 0.08 percent.
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