Press release, February 22, 2018- Mayor Megan Barry released the following statement regarding
affidavits released to the media today in relation to the TBI
investigation into the Mayor’s admitted affair.
“The allegations of photos taken of myself are very troubling and
infuriating if true. While I have not seen the photos in question, if
they were of me, they were taken without my knowledge or permission and a
complete invasion of my privacy.
“Nothing in the affidavits released today, which should have been sealed
until the conclusion of this investigation, indicates that I have
committed any actions that violate the law. If any violations of the law
occurred, they were in violating my personal rights.
“We will continue to cooperate with the ongoing TBI investigation, but
the release of this affidavit to the media in an attempt to politically
damage or embarrass me is an example of why I will continue to protect
my personal rights in this process.”
Background
On February 15, the TBI called Mayor Barry’s attorney Jerry
Martin in the evening and asked if he and the Mayor would agree to a
search of her personal cell phone. He asked if they would agree to
limited parameters so that they would not invade attorney-client
privilege. Additionally, because it was her personal phone,
he asked that they agree to a protocol to limit the search so as not to
encroach on items irrelevant to the investigation such as
communications with personal friends and family. The agent relayed that
they would look at their protocols and respond back to Mr. Martin.
On February 16, without notice to Mr. Martin, a warrant was served to
retrieve Mayor Barry’s personal cell phone instead of agreeing to
cooperate with Mayor Barry and Mr. Martin. It is unclear who made the
decision to pursue this course of action, though General Funk is the
person directing the investigation.
On February 20, the TBI called Mr. Martin and asked for Mayor Barry’s
personal passcode to her personal phone. He requested to see the
affidavit upon which the search warrant was based in order to better
understand the basis for the search warrant. He was informed this wasn’t
something they would usually do but the decision was up to Mr. Funk. On
the advice of counsel, Mayor Barry declined to provide the code to the
TBI.
On February 22, the affidavits were released to the media.
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