Police Say Judge's Fantasy Tape is Part of Murder Investigation

Chattanooga police say the audio tape recorded by a former Bradley County judge contains graphic details, and audio of what sounds like someone being tortured or killed.

Det. Alan Franks testified Wednesday at an injunction hearing at Hamilton County Chancery Court. Chancellor Frank Brown set the hearing as Chattanooga Mayor Ron Littlefield's office was poised to release the audiotape in response to an open records request by the Chattanooga Times Free Press and several other media outlets.

Hagler's attorney Roger Jenne asked a judge to issue a temporary restraining order to prohibit the release of the tape. Now, Hagler's lawyer is seeking an injunction and asking for the tape and all of its copies to either be returned to Hagler, or kept under locked court protection.

For the past two years, the tape has been in the hands of the Chattanooga Police Department. Det. Franks says Hagler's former secretary brought the tape to their attention in 2005. Since then, the Chattanooga Police Department, the Tennessee Bureau of Investigation, and the Federal Bureau of Investigation have all investigated the contents of the tape.

Police say an informant told them Hagler knew or had ties to Father Marty Davis, a priest who was killed at his Brainerd home in 1995. Homicide detective Bill Phillips says Hagler is not a suspect in the case, but based on other information they have, Phillips believes the tape is an important part of their investigation. The case of Davis' death is still open.

Despite objections by Jenne at the hearing, Franks testified that the tape was disturbing, and one of the worst things he'd heard in 24 years.

Franks says Hagler is the only voice heard on the tape. He added that it, "sounded like someone was being tortured or possibly killed."

In December someone leaked the tape to the media. Hagler's attorney says it's no coincidence that the tape was leaked just days after Hagler's high-profile ruling against the Bradley County Sheriff's Department that sued the county for more money and lost.

"The tape was released in a retaliatory fashion," Jenne says. "The Chattanooga Police Department was a willing participant in that retaliation... Someone in Bradley County was involved and leaked it to the media."

But the public has the right to hear the tape, argues Anthony "Bud" Jackson. Jackson is the lawyer for the Times Free Press. He says the public information act extends to evidence that is in public custody, and therefore, the police department is required to release the tape to the media.

However, lawyers for the city of Chattanooga argue that the tape is part of an ongoing criminal investigation, and therefore should not be rleased.

Phillips admits the release of the tape would be damaging to Hagler and his family. Hagler's lawyer says his client has a right to privacy, adding that was stolen by Hagler's secretary around the same time she was fired in 2005. He likens it to "illegal search and seizure" and says the tape should immediately be returned to Hagler.

"The tape would serve no public interest," Jenne says. "It would only embarrass the judge and his family."

Judge Hagler's resignation was effective December 31st. He held the 10th Judicial District seat for 17 years.

The hearing resumes Thursday at 1:20. Tune into NewsChannel 9 beginning at 5:00 for full coverage.