A hearing has been scheduled May 7 on the motions.

PANAMA CITY — Both attorneys defending the circuit's former chief prosecutor against introduction of contraband and perjury charges have asked to withdraw from the case, citing recently arisen conflicts, according to court records.

Waylon Graham and James White did not explain their decisions in their April 23 and 24 filings, respectively, to withdraw as counsel in Greg Wilson's case. Both were representing Wilson, 46, the former second-in-command at the 14th Judicial Circuit State Attorney’s Office, since the end of October when the Bay County Sheriff’s Office concluded he had breached security at the Bay County Jail and then lied under oath.

As the criminal case proceeds through the courts, Graham and White have now asked to withdraw from the defense after court documents revealed Wilson’s personal law firm began issuing subpoenas for evidence on his behalf, court records stated.

According to court records, both Graham and White said, “a conflict has arisen which precludes the undersigned from continuing his representation of the defendant.” But neither gave further explanation. White could not immediately be reached for comment, and Graham did not immediately respond to a request for comment.

 

A hearing has been scheduled May 7 on the motions, which will go before Circuit Judge Michael Overstreet for a decision.

Acting prosecutor Jack Campbell, of the 2nd Judicial Circuit, said neither attorney has revealed to him a specific reason for their decision.

The motions to withdraw from Graham and White come after emails emerged that Wilson’s law firm, based in Chipley, had been sending subpoenas to AmTel, the telecommunication company that provides the Bay County Jail’s phone services, court records indicated.

In the Feb. 23 subpoena sent from Wilson’s law firm, he requested any usernames, IP addresses and dates for anyone who accessed calls from his cellphone to the jail in the past three years. Wilson also requested information about whether his number had been set up to automatically alert anyone when he made jailhouse calls, court records indicated.

Wilson’s signature alone was on the subpoena without a request to notify his attorneys with a response.

AmTel raised concerns with the subpoena and forwarded it to BCSO, court records indicated.

“After review of the subpoena, it doesn’t look like any subpoena I have received before from a law agency,” wrote Jessica New, the sales operator for AmTel, in her email to BCSO. “I feel like we should have someone take a further look at it."

A series of email exchanges unfolded between Wilson’s law firm, BCSO and Campbell’s office in the week that followed the subpoena. As Campbell’s office released the documents March 6 and published the additional discovery in the court, he also noticed Graham and White about new information released in their case, court records stated.

Both sides later agreed to postpone the following April 2 pretrial conference to explore “an amicable resolution” in the case, court records stated. A few weeks later, both Graham and White filed their motions to withdraw with an anticipated decision from Overstreet to come at the forthcoming May 7 hearing.

 

Charges

Wilson has been facing a felony count of introduction of contraband into the jail and a misdemeanor count of perjury since October at the conclusion of a BCSO investigation.

BCSO took a sworn statement from Wilson on Sept. 29, asking if he knew about two inmates — sisters Clista Robbins and Christy White — passing notes, or “kites,” while meeting with him at separate times within a jail interview room. Wilson denied under oath the allegations as “absolutely false.”

“The only thing passed was verbally from one sister to me to relay to the other sister about the parents. Family stuff,” Wilson told investigators. ”... What I found out the next visit was Christy had a kite that Clista left in, under around the chair somewhere, and Christy got it. That’s what I know.”

Wilson fully denied seeing, helping or allowing the sisters to pass any contraband and said he makes sure an officer sees any business cards or court documents inmates receive.

However, video in Wilson’s case file — from a camera without audio placed to film what was happening while he met with the sisters independently inside the attorney interview room Sept. 13 — makes it clear Wilson knew what was happening and participated, investigators have said.

BCSO then charged Wilson, and he was released on his own recognizance shortly thereafter.

Campbell previously called on Overstreet to recuse himself from the case because of ties between his office and Wilson. Campbell argued that because of connections between Wilson and Overstreet’s office — including that Overstreet at one time was a law partner with Wilson’s attorney, Jim White, and that his judicial assistant actively campaigned for Wilson last year — the prosecution wanted another judge to preside over the case.

Despite those concerns, Overstreet declined that request and will now weigh-in on whether to approve the requests of White and Graham to step down.