Judge: No taping of Gaime's meetings

Kristina Gaime's talks with her attorneys should not be monitored by the Sheriff's Office, a judge says.

By CHASE SQUIRES

© St. Petersburg Times, published June 25, 1999

DADE CITY -- An attorney for Pasco County Sheriff Lee Cannon refused to say Thursday if deputies are secretly taping murder suspect Kristina Gaime's jailhouse conversations with her attorneys.

But the sheriff's attorney argued that if they are, it is none of the court's business.

The court disagreed.

Circuit Judge Maynard Swanson warned that the high-profile trial will likely be subject to numerous appeals and reviews if Gaime is convicted of killing her 6-year-old son, Mathew Rotell, and trying to kill her 8-year-old son, Adam. Swanson said every effort must be taken to protect her constitutional right to a fair trial and that includes her right to a proper defense.

If deputies are listening to conversations with her attorneys, Swanson ordered them to stop. If they do it from now on, the judge warned he would order Gaime released from jail.

Gaime, 35, is charged with first-degree murder and attempted murder. Prosecutors say Gaime drugged her sons, then tried to kill them and herself by directing her minivan's exhaust into the passenger cabin while they were inside. Mathew was found dead at her Land O'Lakes home April 12, but Adam and Gaime survived.

Her case has been a whirl of legal maneuvers since her arrest last month.

Relatives have complained about her treatment in jail. Her attorneys say she might not be sane. Her ex-husband's attorney has come under fire from a family court judge. Both sides have questioned a set of mysterious -- but apparently serious -- injuries she suffered the night of her son's death.

In their latest move, defense attorneys Angelo Ferlita and Bob Nutter charged that the Sheriff's Office was bugging the jail meeting room where they discuss the case.

"I know they are," Nutter said after Thursday's hearing.

He said he would not be satisfied until Sheriff Lee Cannon comes to court and swears that his department is not bugging Gaime's conversations.

"I can't go into that jail and feel I am free to talk about this case," Nutter said. "It's curious to me that counsel won't stand up here and say, "We don't do that.' "

Cannon's attorney, Tom Poulton, said that won't happen and said he wouldn't discuss jail policies until Nutter produces something to back up his allegations.

"He wants to come in here and make an unverified and unsworn allegation, and he wants the sheriff to come in here and swear that it's not true," Poulton told Swanson.

The closest he would come to explaining why he wouldn't discuss jail surveillance was to say, "There are obvious, serious considerations in the jail for the safety of everyone."

Poulton further argued that operation of the jail is not under Swanson's power and if Gaime doesn't like the way the jail is run, she can sue in civil court.

Swanson said he has no intention of running the jail but the right to counsel is protected by the U.S. Constitution.

The judge also on Thursday denied Nutter's motion to bar deputies from talking to Gaime without her attorneys present. Swanson said Gaime has a right to refuse to talk to anyone without her attorneys and didn't need a court order.

Gaime was present for Thursday's hearing, and Swanson waited until the day's other business was complete and other suspects were cleared from the courtroom before having her brought in.

Gaime appeared in a wheelchair, due to her injuries, but looked more comfortable and relaxed than in earlier court appearances. She smiled at her father, Gary McDuffie, as she was brought in, and she held a whispered conversation with Nutter before she was wheeled out.

Nutter said he is still concerned about her health and is monitoring the jail's medical care.

As was the case when she made her first court appearance last month, Gaime was under heavy guard during Thursday's 45-minute appearance. Six deputies stood by in the courtroom during the hearing, more than have been present for appearances at other trials.

Swanson said the security was at the request of the Sheriff's Office. He said the court has received no threats against Gaime.

Sheriff's spokesman Jon Powers said the deputies were for "security" but declined to elaborate.

"It is for her security, for the court's security, the spectators' security and the deputies' security," he said. "That's as far as I'm going to go."

Gaime's case is set to come before the court next on July 7, when her attorneys will demand a set of investigative reports they claim have been withheld, despite rules requiring prosecutors to turn over all reports in a process known as discovery.

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