SEMINOLE COUNTY, Fla. — 9 Investigates has learned an attorney was arrested on accusations he smuggled a cellphone into the Seminole County Jail for his client.
According to an arrest warrant obtained by Channel 9, Marlon Smikle was able to get through security at the jail with the cellphone.
Investigators said jailhouse calls prove Smikle provided the phone to his client Donald Mitchell, who is jailed on grand theft and federal charges.
Channel 9's Daralene Jones contacted Smikle Tuesday.
Photos: Seminole County Jail contraband signs
"I can't give a comment right now. As much as I'd like to, I just can't. There's more to the story," said Smikle.
On March 3, deputies were made aware of a cellphone in a unit that houses multiple inmates. During a search of the unit, all inmates were asked to lift their arms above their heads, but Mitchell refused to do so. When pressed, Mitchell handed an iPhone 6 over to deputies.
Authorities then searched Mitchell's room, and found an electronic charging device inside a pair of thermal bottoms and an iPhone charging cord in a sock, as well as cash.
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All of the confiscated items are considered contraband and were placed into evidence, officials said.
During their investigation, authorities learned Smikle had requested an in-person meeting with his client, and that he be allowed to bring a business laptop into the correctional facility to discuss and review high-volume files with Mitchell.
In recorded phone calls from the jail Feb. 28, Mitchell tells a man who went by the name of Marlon, and was later identified as Smikle, that he needed a "no contract six." The conversation continues with Mitchell telling Marlon he also needed a device that would charge multiple other devices.
Marlon then told Mitchell he would have to purchase the "no contract six" flat out, to which Mitchell said he would reimburse him for whatever was spent.
Officials reviewed footage of Mitchell and Smikle's in-person meeting at the jail March 1 in which Smikle had a black bag believed to have contained the laptop. The two met for seven minutes before Smikle left.
"It's likely the corrections officers didn't check that computer bag because they believed there was a computer in the bag," said WFTV legal analyst Bill Sheaffer. "They had no reason that a lawyer would seek to introduce contraband into that facility."
Authorities said numerous calls had been made on the cellphone to various numbers. The first call was made March 1 less than two hours after Smikle had met with Mitchell.
After finding the phone in Mitchell's possession, authorities said a phone call was made to "Marlon" from the jail, in which Mitchell stated, "They found the phone I had," before hanging up.
Investigators later confirmed that number belonged to Smikle, who is now facing charges or introduction/possession of contraband into a county correctional facility and conspiracy to introduce contraband into a county correctional facility.
Although Mitchell had just accepted a plea deal for 60 days in the grand theft case, he was set to return to federal prison, where he's serving nine years for bank fraud, authorities said.
Smikle passed the Florida bar last year after attending Valparaiso University.
Attorneys are not required to report arrests to the Florida bar, only final judgments, officials said. A spokesperson for the Florida Bar said Wednesday the agency has opened an investigation into Smikle, but any other details are confidential at this time.
Seminole County has not opened an internal investigation yet, but they may be revising their rules, Jones learned.
WFTV
