Shayne Healea was arrested following an October 2014 automobile accident in Columbia. Upon arrival at the local police department, Healea asked to speak privately with counsel. He was given his cellular telephone and placed in a holding cell, from which he had a telephone conversation with his attorney. The attorney general’s office was appointed as special prosecutor, and venue over the case was changed from Boone County to Shelby County. At some point, Healea became concerned the police department had recorded his telephone conversation with his attorney. Such a recording was among case materials the police department provided in November 2014 to the attorney general’s office, which ultimately turned the case materials – and the recording – over to Healea as part of discovery, although the office denies any of its members having any knowledge of the recording’s contents. In October 2016, Healea filed a motion alleging the police department had violated his Sixth Amendment right to a fair trial and attorney-client privilege by recording his conversation the night of his arrest. Following a hearing, the special master assigned to consider this issue filed his report under seal. The report – in which the master found a Sixth Amendment violation had occurred – contained portions of the actual content of Healea’s telephone conversation with his attorney. Healea filed objections to the master’s report, but the circuit court did not hold a hearing regarding the objections. The circuit court also declined Healea’s request to close the courtroom during a February 2017 hearing to determine a remedy for the Sixth Amendment violation. Healea asserted he could not argue his objections properly without divulging attorney-client communications, which he declined to do in open court. The circuit court advised the parties of its intent to unseal the master’s report. Following a hearing, the circuit court also overruled Healea’s motion to suppress evidence from a blood draw taken the night of his arrest. Healea sought relief in the appeals court, which ordered the circuit court to disqualify the attorney general’s office and appoint a new special prosecutor, to seal portions of the master’s report containing privileged attorney-client information, and to hold a hearing to determine whether the police department should be required to purge its servers of any attorney-client privileged conversation recorded in violation of Healea’s Sixth Amendment rights. The state seeks this Court’s review. 

This case presents several questions for this Court. One involves whether the police department or attorney general’s office violated Healea’s state or federal constitutional rights by possessing an audio and video recording of Healea’s privileged communications with his attorney the night he was arrested. Related issues include whether there is an appearance of impropriety in the attorney general’s office continuing to serve as special prosecutor; whether it is appropriate for the circuit court to disqualify the attorney general’s office and appoint a new special prosecutor; and what non-conflicted prosecutor could serve as special prosecutor instead. Another question involves whether the police department’s continued possession of recordings of attorney-client communications violates Healea’s constitutional rights and whether the department can or should be ordered to purge its servers and case files. Additional questions include whether the circuit court should have held a hearing regarding Healea’s objections to the master’s report, whether the report contains privileged attorney-client communications, whether the report should be kept sealed in part or whole, and whether an order to seal can be permanent. A further question involves whether the warrant to draw Healea’s blood the night of his arrest was lost or unsigned and, if so, whether section 542.276, RSMo, requires the circuit court to invalidate the warrant.