From May to December of last year, the filing states, authorities recorded jail calls between Richins and her lawyers without their consent. Prosecutors had listened to some of them, the filing alleges.

When one of the defense lawyers discovered the practice and asked prosecutors whether they were aware of it, Summit County's top elected prosecutor, Margaret Olson, responded, “NO!” according to emails included in the filing.

Minutes later, lead prosecutor Brad Bloodworth wrote that because one of the defense lawyers had refused to use a phone app that shields attorney-client calls, those calls had been recorded and that the lawyer was “well aware of this.”

Bloodworth added that prosecutors had not listened to any of the calls. When the defense team continued to express concern, Bloodworth responded that by not using the app, the lawyer had seemingly consented to the practice — and the defense team had “ratified” it because it had been happening for six months.