lawyers.PNG

Birmingham attorneys Victor Revill and Megan Garcia

(Blount County Correctional Facility)

The attorney for two Birmingham lawyers charged with obstructing a governmental operation on Friday released police body camera footage of the arrest, and said he will ask that the charges be dismissed.

Victor Revill, owner of Revill Law Firm, and Megan Garcia, one of his associates, were taken into custody by the Blount County Sheriff's Office on February 23. The pair was arrested when sheriff's investigator Sgt. Sue Ashworth was trying to serve a search warrant on a suspect.

The lawyers were at the Blount County Courthouse to represent their client, Lloyd Edwards, during a protection from abuse hearing. Edwards is accused of child sex abuse of an 11-year-old victim and child porn, according to court documents. After the hearing, Revill has said, they spoke with their client inside the courthouse for 15 to 20 minutes. During that conversation, they asked their client for his cellphone so they could gather more information on his case.

On their way out of the courthouse, their client was stopped by a police officer and an investigator. The officer told the client they had a warrant to search Edwards and his vehicle. Investigators said they asked to see Garcia's satchel because they saw the client give Garcia his cell phone. Revill said they didn't consent to the search because there was no warrant for Garcia's bag and they were detained.

Revill and Garcia were then charged with obstructing a governmental operation and refusal to permit inspection of property subject to a search warrant. Both are misdemeanors.

Authorities said the officers were seeking evidence pursuant to a lawful search warrant. District Attorney Pamela Casey has previously said the warrant was lawful. "The officers were seeking evidence pursuant to a lawful search warrant,'' Casey said.

Clayton R. Tartt, who represents Revill and Garcia, said Friday it was a "warrantless search." "The law is crystal clear on this point - simply asserting your constitutional right in refusing to consent to a search is not a crime,'' he said in a press statement. "However, the sheriff's department and district attorney's office in Blount County decided otherwise and arrested these two law-abiding attorneys."

"Victor, a civil rights attorney, has been very vocal in his outrage about these uncalled for and unlawful arrests. He has repeatedly said that he and Megan did nothing wrong,'' Tartt said. "The video clearly shows that Victor has been right all along."

Tartt said the video shows that the lawyers did not in attempt in any way to obstruct, impair or hinder the officers from doing their job. "He and Megan certainly did not do so by means of intimidation, physical force or by engaging in any unlawful act,'' he said. "In fact, the video shows that both are respectful at every turn and complied with every request except giving consent to search their persons and belongings, which again is their constitution right."

Tartt also said some of the law enforcement officials on the scene that day indicated they believed the arrest and detention of the two lawyers was not only unlawful, but just plain wrong. Finally, he said, it was "absolutely absurd" that the attorneys were forced to stand in handcuffs by the front entrance of the Blount County Courthouse for over 20 minutes while law enforcement arranged to have them transported to jail. "As you can see from the video, dozens of individuals passed them by going into the courthouse,'' he said. "We can only assume that this was done purely for shame and humiliation."

Tartt said he hoped the district attorney's office would dismiss the charges after viewing the video. He said he will file a motion to have the charges dismissed, and said if the case goes to trial, he is confident Revill and Garcia will be exonerated.

Authorities have said there are also videos from inside the courthouse which show Edwards handing Gargia his cell phone. Tartt said he has requested those videos but has not yet received them.

Casey on Friday said it is a crime for anyone, even a lawyer, to intentionally prevent a public servant from performing a governmental function or refuse to permit inspection of property that a public servant is legally authorized to inspect.

In this case, she said, officers had a search warrant seeking recovery of any device or devices, including the subject's cell phone or cell phones, which were believed to contain child pornography.

"Within minutes of learning that their client was alleged to have used his cell phone to produce and/or view child pornography, Mr. Revill and Ms. Garcia took possession of their client's phones and attempted to conceal the phones from law enforcement,'' Casey said. "Such acts are not only illegal, but unethical. Rule 3.4 of the Alabama Rules of Professional Conduct provides that a lawyer shall not "unlawfully obstruct another party's access to evidence or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act."

"My office,'' Casey said, "will not be intimidated by a lawyer or anyone else who continues to attempt to manipulate the judicial process and/or criminal justice system by public grandstanding."