BAY MINETTE, Alabama - The Baldwin County Commission unanimously agreed this morning to mitigate alleged legal repercussions of eavesdropping devices at the county’s three courthouses by allowing federal authorities full access to video and audio recording and county property in the wake of a perceived scandal involving attorney-client conversations and comments by citizens in range of the devices.

The Federal Bureau of Investigation and U.S. Department of Justice officials also were given a free hand to view or copy or take county property regarding the investigation with the signature of Commission Chairman Bob James.

County officials are concerned about invasion of privacy and the scope of audio and visual surveillance. Former District Attorney David Whetstone, who is on counsel retainer for Sheriff Huey “Hoss” Mack and Probate Judge Tim Russell, said today the devices are approved by the U.S. Justice Department and are part of a purchasing listing approved by that federal agency.

Mack, who is in charge of courthouse security, said Tuesday there are 200 video cameras in the three courthouses and 16 are equipped with listening devices. He said there was no “malicious” intent in activating them and that they are approved by the Justice Department and listed on purchase list for law enforcement use..

Mack also said he was not in charge of alleged listening devices at other county offices, and limited comments, deferring to counsel.

County Attorney David Conner said he would release schematics later this afternoon detailing locations of surveillance devices, capabilities and location in courthouses and public buildings.

Conner said District Attorney Hallie Dixon confronted judicial and security officials Oct. 31 when she learned about the audio addition. She contacted the U.S. Attorney General’s office to initiate an investigation.

Whetstone, who was tapped by state Attorney General Luther Strange to prosecute former Mobile County Commissioner Stephen Nodine in the death of Angel Downs last year, said there is no indication of hallway or stairwell recordings involving that case. He admitted he has not reviewed the contents, which have been sealed.

Today’s meeting leaves open parameters of use and accessibility of recordings by security staff, video and audio capability to isolate specific conversations or zooming in an inappropriate manner and guidelines for usage. It also does not address similar surveillance in other public offices or employee break areas.

Mack said the cameras often weren’t manned due to staff shortages. A security officer may have directed devices without the safeguard of another deputy watching.

The 30-day “loop” has been preserved by Presiding Court Judge James Reid after he was notified of the audio capability. Reid immediately ordered a copy  sealed, but available to anyone who could demonstrate a need to review it.

The recordings are motion-activated and range in size from month to month, according county staffers. Devices also are set to record specific areas, but can be easily manipulated.

Commissioner Frank Burt said eavesdropping may be illegal and costly to county coffers

The efforts undertaken by the Baldwin County Commission were made in conjunction with the Baldwin County Sheriff's Department and the Baldwin County District Attorney.

Burt said he was concerned that the audio component may bring a “line” of attorneys suing for invasion of privacy.

“I am very concerned about where this appears to be headed, and I am hopeful that we will get out in front of this with the absolute truth to the point that you advise us is prudent,” Burt told staff attorneys last week in an email.

Bay Minette defense attorneys Vince Belluci and Danny Mitchell said today that client-attorney recordings in hallways and stairwells were less important than privacy issues for public courthouse visitors.

Belluci noted that a prominent sign is in place in the Baldwin County Corrections Center at inmate phone stations stating that conversations may be recorded. “What’s the difference between there and the courthouse?” Belluci said.

Mitchell said some county workers expressed concern about audio devices in break areas, which may be monitored by supervisors.