NASHVILLE, Tenn. (WKRN) — The Davidson County District Attorney is removing himself from a murder trial after accusations that he secretly recorded the defense's privileged conversations.
Davidson County District Attorney Glenn Funk will no longer be pursuing the case against Calvin Atchinson, who is accused of murdering Velma Tharpe more than 20 years ago.
Funk was prosecuting the case, but back in October, Atchinson's attorneys filed a motion to disqualify him from the case, claiming the DA recorded their private conversations when they visited his office to review evidence.
In that filing, Atchinson's attorneys cited a Tennessee Comptroller's Office report that detailed surreptitious audio recordings of privileged information, including their pending case.
Atchinson's attorneys said in their filing the "appearance of impropriety" was enough to disqualify Funk's office from handling the prosecution of the case against their client.
Funk has now filed a new motion naming nearby District Attorney General Robert Nash, who serves Clarksville, as the new special prosecutor on the case.
In his filing, Funk said Atchinson's motion was "devoid of merit" but requested a special prosecutor to take over the case because "the needless and possible protracted litigation" would "only further delay obtaining justice for the victim, Velma Tharpe."
The recording accusations against Funk's office are still under investigation.
