by Judy Frank
posted June 22, 2009
Hollan Cheunae Taylor will get her cell phone back, but there won't be any pictures from Hamilton County Sessions Court on it.
The agreement to return the cell phone was reached during out-of-court negotiations Monday, and charges against Sessions Court Judge David Bales and two other defendants were dismissed.
The 33-year-old East Brainerd woman's phone was confiscated on March 20 by officials, who said she appeared to be using it to take photos of a Chattanooga Housing Authority police officer who testified against a suspected drug dealer.
As a result of the incident, charges were filed contending that the actions constituted an illegal detention and search of Ms. Taylor and an illegal seizure of her property. Defendants included Judge Bales, Assistant District Attorney Charlie Minor and CHA Officer James Avery.
Attorney David Barrow, who filed the charges on Ms. Taylor's behalf, said Monday that the court officials have agreed to turn over his client's cell phone to him. He will check it to see if there are any photos of the officer, he said, and then return it to its owner.
Ms. Taylor has canceled service on the phone, he noted, and it has been out of commission for 90 days.
"We'll charge it up and see if there's anything on it," he said.
According to the complaint Mr. Barrow filed on behalf of Ms. Taylor following the March 20 incident, she was a spectator in Judge Bales' court and faced no legal charges.
During a court recess, the complaint said, Officer Avery approached Ms. Taylor and told her aggressively that "if she wanted to look at him she should take a picture of him."
It said Officer Avery struck a pose "with his hand under his chin." Ms. Taylor snapped some photos of him and then left the courtroom, the complaint said.
Later, the complaint said, Ms. Taylor was summoned to the front of the courtroom before Judge Bales, and at that time Assistant DA Minor and Officer Avery seized her phone.
Ms. Taylor later left the courtroom and Judge Bales declared that the phone was abandoned property, according to the complaint. The phone then was turned over to Sergeant Rick Hamrick, who oversees the court officers.
Judge Bales said, "Every court in America prohibits the use and taking of photographs utilizing a cell phone in a courtroom. In fact, federal court prohibits the mere possession of one in a courtroom.
"Signs which reflect a local court order are posted in entrance of every courtroom as well as an admonition by a court officer at the beginning of each session that strictly requires that all cell phones be turned off.
"Mr. Barrow's client ignored those restrictions and admonitions. I could have held her in contempt and imposed a fine and 10 day jail sentence. However, I believe the fact that she has not had the use of her cell phone for approximately 90 days after it was taken is sufficient punishment.
"I agreed to return her cell phone to her today, but with strict conditions. One of which is that Mr. Barrow's client has all photographs of Chattanooga Housing Authority Officer Avery be deleted.
"If the rules had been followed, the lady and her cell phone would never had been separated, and litigation would not have ensued."
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