Details of “Wiretapping” Case

On March 21, 2017, I spoke with my attorney, Walter Bussart who represented me in my claims against my step mother and stated I wanted to video tape the depositions the next day. He advised me that if they are to be used in court a written notice must be sent to other parties prior to the depositions. I told him I just wanted to record it in the event Bill or Matt acted stupid (as in do anything threatening). He said that will be fine, I will let Colby know before we start. He said, “if he objects” I will let you know. I never heard an objection so I proceeded to record them.

It was a last minute decision to record them and I did not have a camera with audio capabilities in stock. I used two 6 mm lens cameras. Two cameras covered the area I wanted to record, both sides of the table. On a table against the wall perpendicular to the deposition table I set up the following equipment:

A digital video recorder (dvr)
A Tripod with 2 - 6mm cameras attached to an 18” flat piece of aluminum
A notebook computer
A power strip
An 8 port PoE switch
Laptop bag and cabling

I used a Olympus Digital Voice Recorder placed on the table in front of me, in clear view, to record the audio.

As we began the depositions, I stood up from my chair and walked over to the recorder and turned it on. I returned to my seat and turned on the audio recorder and placed it on the table in front of me in clear view of everyone. (According to Judge Jones, I as a citizen have the right to record conversations and no notices have to be given as with recordings to be used in court.)

At approximately 49 minutes into Diane Rackley’s deposition a break was taken. Walter and I left the room. Diane Rackley, Colby Baddour, Matt Rackley, Colby’s assistant and the Court Reporter stayed in the room the entire time.

At approximately 1 hour 51 minutes into Diane Rackley’s deposition, Break #2 was taken. Just prior to the break, Colby Baddour ask if I would turn off my recorder (and pointed to it) during the break. I agreed and picked up the recorder and moved the “Power” button to “Hold” position. I knew if I turned the “REC” button off it would stop the recording and I would end up with multiple files for each deposition. I wanted only one file and thought hitting the “HOLD” button would place the recorder in a “hold/pause” state. I only recently purchased this recorder and this was the first time I ever attempted to pause a recording on this device.

I frequently used a recorder to record the meetings of the Pulaski/Giles County Economic Development Commission. When pausing this recorder, you simply press the “HOLD” button.
While in the parking lot of the Hotel at the conclusion of the depositions on Day 2, Colby requested a copy of the recordings. I gave the recorder to Walter to take back to his office for safe keeping. I copied the voice recordings to my computer as soon as I returned to my office. I did not listen to anything.

On April 19, 2017 we had a court hearing in Columbia before Judge Jones. Just prior to starting an investigator with the Distric Attorneys Office enters the courtroom and talks to the Judge. I am asked to come out into the hallway where I am told I am being investigated for wiretapping around the taping of the depositions. Tommy Goetz asked me to get him a copy of the recordings. I agreed.

The next day I went to Walter's office to retrieve the recorder. I copied all the recordings from the two days down to an external hard drive. I copied them to a DVD and delivered them to Mr. Goetz at his DA office in Columbia. I had not viewed nor listened to any of them. Mr. Goetz called me and told me he could not view the recordings for some reason. I removed the second camera made another DVD for him and delivered it to him. While I was there, he told me “I see nothing wrong with this, I just have to do my job and sit and watch them.” He went on to say, “if they knew they were being recorded, it was perfectly legal for you to record them.” I agreed. I asked him if he needed anything else, the recorder or anything. He said, “no and don’t worry about this, it is nothing”. Approximately 2 weeks later, I am indicted and arrested for ‘Wiretapping”.

I hired John Colley from Columbia, Tennessee to represent me on this and on January 29th, we went to court. Just prior to it starting, Colby Baddour files an “Emergency Motion" to limit his testimony in the case. He was trying to protect himself most likely. So we agree to limit his testimony but only under the conditions that the State must limit its proof to “only the conversations between Matt and Diane” as the indictment stated. The Judge and attorneys agree there was no conversations between Matt and Diane”. The State was forced to dismiss or “Nolle Proseque” the case.

Two weeks later, Colby again worked desperately to have me re-indicted. A month later I was re-indicted for Wiretapping. This time the indictment read that I “illegally recorded conversations between Diane and Colby” and a second charge for illegally recording conversations between Colby and Jason Whatley.

This trial was set for August 28 and 29, 2018.

In April of 2018 we were ordered to mediation in the other civil cases. We reached an agreement and it was hand written on a piece of paper and signed by everyone. Late that afternoon, I posted on facebook, “Settlement Reached... Celebration at Legends tonight”. My girls and I and a few friends went to Legends. About an hour after we got there, Matt and Connie come in followed by Bill. Bill and I engage in some words and he eventually threatens to kill me. The Legends staff calls the police and Bill leaves before they arrive.

A few weeks later, Colby provides his version of the Settlement Agreement which is nothing like what we had agreed on in mediation. After going back and forth many times trying to agree we could not and they backed out of the agreement. We were back in court in July and they approached us wanting to discuss a settlement again. They wanted me to sign a settlement agreement that prohibited me from every being able to file a lawsuit against them from the beginning of time to the end of time. I refused, because I knew if I was acquitted of the wiretapping charges I was prepared to sue everyone that had their fingers on this.

Eventually it was agreed if the charges were dropped in the wiretapping case we would settle the other civil cases. Reluctantly, I agreed to settle this. I really really wanted my day in court with them on the wiretapping issue to prove my innocence.

Here are the reasons why I would have never been convicted:

My attorney told them prior to the depositions, they were being recorded.

All recording devices, the camera system and the voice recorder were in plain view for everyone in the room. There was never an attempt to hide anything

As the deposition started, I stood up from his chair at the table and walked to the video equipment and turned it on. As he returned to his seat with audio recorder in hand, he turns it on and places it in the center of the table.

At no time during the first break did Colby or anyone else in the room acknowledge (or say anything about the recorder) that they “discovered” the recording equipment. Audio or Video.

Just prior to Break #2, Colby ask if I would turn off my recorder (pointing at the audio recorder on the table) . Even though I do not believe I had to do so, I agreed.

During that Break #2, Colby looks closely at the recorder and tells everyone in the room it is still recording. They clearly knew it was recording.

During the Break #3 during the deposition of Matt Rackley, they again look at the recorder and state that is recording.

During the Break #4 during the deposition of Bill Rackley, Colby informs Jason Whatley that “he (David) tells us he is putting the recorder on pause. Whatley says, “well I wouldn’t trust that”. Baddour says “I don’t either” and they laugh. The term “Pause” was never used by David. The second indictment had two charges, the second said I illegally recorded conversations between Colby Baddour and Jason Whatley. How on Earth could Jason Whatley claim they did not know this when the VERY FIRST thing Colby said to Jason was it was being recorded. Blatant lies like this get people sued!

There are rules to follow IF you plan on using the recordings in court. Even Judge Jones stated in a hearing, no notice was needed if we didn’t plan on using it in court.

During breaks 2,3, and 4, Colby continues to “inspect” the recorder to see if it is recording. If he knew it was, why didn’t he say anything when we returned off break.


The Hotel is a public facility, no expectation of privacy exits in a Hotel Conference room.

There is no expectation of privacy in a deposition room. Especially since nonparty individuals were there at the same time.

The proper procedure of “going off the record” is for one attorney to state that, the other to agree and the court reporter to acknowledge “going off the record”.

At no time, did either attorney ask to go “off the record” during the three depositions. The transcripts of the depositions clearly prove this.

While Walter was asking the questions, when he wanted a private conversation, he and I went out into the hallway.

While Colby was asking the questions, when he wanted a private conversation, he and his clients went out into the hallway.

The court reporter remained in the Deposition room at all times, except one short bathroom break.

Hotel personnel entered the room during a break to bring water.

Colby stated in his Affidavit;

See the photos of the deposition room. There was no other equipment in the room owned by the hotel. IF the Hotel was recording the room, why didn’t he file charges against them for listening to private recordings. Obviously he had no concerns for the Hotel recording them and no expectation of privacy from the Hotel.

False Statements in Colby Baddour’s Affidavit

ITEM #6 ITEM #10 ITEM #11 ITEM #12
ITEM #13 Chaz Molder’s Statement at Hearing 11/09/2017
Transcript of Hearing 11-09-17

Argument #3 - “Intentionally”

The Olympus Audio Recorder was purchased by me on 9/18/2016.

When asked to turn off the recorder, I pressed the “Hold” button thinking it would simply pause or “put on Hold” the recorder. I knew if he turned it off, it would create multiple recording files. I desired to have one file for each deposition.

When I pressed the “Hold” Button the display showed “Hold” for several seconds. I had no idea the recorder was still recording. (Even though they knew they were being recorded) .

At each break as seen on the video, I proceed to press this button thinking I was “pausing” the recording. When the deposition resumed I pressed the button to“record”.

The recorder I used for Economic Development functions like this. If you press the “hold” button, it pauses the recording.

David’s old recorder was a Panasonic and it had a button Hold and REC. While recording, Hold stops the recording.

“HOLD” on the new Olympus recorder “locks” the buttons from being pressed.

It should be noted that David Rackley has never used, in any manner, anything that came from the audio and video recordings. The equipment was given to Walter Bussart immediately after the depositions for safe keeping. After the day in court in Columbia on April 28, 2017, David was directed by Investigator Tommy Goetz to provide him a copy of all recordings. David picked up the equipment from Walter's office copied the audio and video to DVD's and promptly provided it to investigator Goetz the next morning. David asked Mr. Goetz if he wanted the equipment and he told him "no". Goetz later called and said he could not open the files on the video DVD and David burned another identical DVD and delivered it to him. Goetz told David that he was listening to the audio portion and told David that it was obvious they knew they were being recorded and there was nothing wrong with that and that was not illegal.
He told David, "Don't worry about this!".

I did not know until after I was arrested that the recorder did not perform as I expected and "paused" the recordings during the breaks. It was after my arrest that my attorney discovered the breaks were in fact recorded. If I would have been dishonest I could have easily deleted the audio of the breaks, but I did not.


Had we gone to trial on this matter, Colby Baddour’s credibility would have been severely challenged. On one instance, he claimed to share “nothing but the roof” with his father in their shared office space. That was easily proven to be a bold face lie to the court when I issued a request for Public Records from Pulaski Electric System for the services provided to that building. It clearly showed only one Internet service and only one telephone trunk line. This clearly shows they share much more than a roof. Question! If you have a receptionist and they work for both the CPA firm and the Law Firm but they only have one computer and one phone, how can you separate the two. YOU CAN’T! I fired the CPA firm of Baddour and Garner in January of 2013, because they breached my confidentiality. I filed a complaint against them with the Tennessee Board of Accountancy and the Board of Professional Responsibility. The complaint is a public record but the investigation and everything thereafter remains confidential.

The wiretapping case was again dismissed on August 2, 2018 and can never be brought back up again.

Break #1 - Diane's #1 Break -
Break #2 - Diane's #2 Break -
Break #3 - Matt's Deposition -
Break #4 - Bills's Deposition -

If you would like to see the videos of the breaks in the depositions, please email me at and I will provide you access to them.

Here is a link to another video at separate depositions where Colby Baddour blocks the camera.
What was the purpose of this? See YouTube Video