Reference no: EM133365815

Question: Thomas Blackmon was convicted by a jury of criminal mischief. He now appealed, claiming the trial court committed an error in permitting the prosecuting to introduce evidence concerning a confidential conversation between Blackmon and his lawyer, Paul Canarsky. During a recess in the trial, Blackmon and Canarsky engaged in a conversation that was partially overheard by Alaska State Trooper Lowden, who, at the time, was on duty safeguarding Blackmon. Trooper Lowden testified that Canarsky and Blackmon talked to one another in an area of the courtroom about 25 feet away from Lowden. " He admitted that the conversation between Blackmon and Canarsky had the appearance of being private. Lowden further admitted he was not invited to join the conversation, that Blackmon and Canarsky kept their backs turned toward him, and that both were whispering. Lowden stated that, of the entire conversation, he overheard only about 8 or 9 words." Judge Stephen Cline allowed the prosecution to call Lowden as a witness to testify about the conversation he overheard. Judge Cline ruled that the conversation was not privileged, and that its probative value outweighed its prejudicial effect. Was Blackmon and Canarsky's conversation protected by the attorney-client privilege?