PANAMA CITY — State prosecutors have demanded the defense attorney of a murder suspect reveal confidential attorney client communications.
However, testimony about those communications came during a hearing closed to the public by a Bay County circuit judge Wednesday.
Judge James Fensom cleared his second-floor courtroom of all “non-essential personnel” during an evidentiary hearing in the case of Daryll Mack. Mack, 22, has been charged as one of three accomplices in the July shooting death of 24-year-old Tavish Greene.
During Wednesday’s motion to compel disclosure of attorney-client communications, before Mack’s former defense counsel Timothy Hilley testified, Fensom removed all outside parties from the courtroom — including reporters.
“The attorney-client privilege is very much protected in our system of justice,” Fensom said. “In order to preserve that right, we would need to do that in a closed court because of the sensitive nature of the hearing.”
Fensom added that a transcript of the hearing would be made available. However, it will remain sealed and only made public when the court sees fit.
The state’s motion for an evidentiary hearing, ordering the testimony of Hilley, only reveals that he would testify to communications between himself and Mack “at issue.” Hilley has been relieved as Mack’s defense counsel in the case.
Attorney Albert Sauline III replaced Hilley as Mack’s counsel, representing him Wednesday.
Mack was arrested with Tyricka Woullard, 20, in June. The two fled the state to Covington, Ga., as police discovered Greene’s body in the trunk of a 2004 Chevy Malibu behind an abandoned East Eighth Court home on July 24.
Police have alleged Greene’s death came at the end of a botched robbery, involving three conspiring parties.
One of the three accused, 22-year-old Dontavis Thomas, has pleaded no contest to being an accessory to Greene’s murder. He agreed to five years of probation, punishable by as much as 20 years in prison if the conditions are violated. One condition of his probation is that he testify truthfully in the cases against the co-defendants, according to court documents.
Mack and Woullard have been charged with second-degree murder and principal to second-degree murder, respectively. Mack also is charged with robbery with a firearm and Woullard, principal to robbery.
Police reports said the three suspects lured Greene to Woullard’s residence at 3710 W. 21st St., where they planned to rob him the morning of July 19. Thomas and Mack allegedly used phone calls and text messages to draw Greene into a trap through Woullard, his ex-girlfriend. The three hid inside, waiting to ambush Greene for money and illegal narcotics; Woullard and Mack then fled to Georgia the day after, police reported.
Thomas remained in Bay County and was arrested shortly after.
The cases of Mack and Woullard proceed toward trial. Each has pretrial conferences in January.
The sealed transcripts would likely be made public during trial or after the cases have otherwise been resolved.