Emergency Court Order Keeps Judge's 'Fantasies' Tape From Public

By: A longtime judge whose recording of "personal fantasies" led him to resign has gone to court to keep the tape from the public.

Judge John B. Hagler, of Cleveland, Tenn., persuaded a judge in neighboring Hamilton County to delay release of the recording until a hearing can be held on his request to regain possession of the audiotape that police have had since 2005.

Chancellor Frank Brown ordered the hearing as Chattanooga Mayor Ron Littlefield's office was preparing to release the recording Tuesday in response to an open records request by the Chattanooga Times Free Press.

Hagler, 65, has been trying to keep the contents of the tape private. He has refused to talk to the news media but issued a lengthy statement Tuesday.

Only scanty details of the tape's content have been revealed since the newspaper reported it last week.

"The description of it as containing 'graphic fantasies' ... is an accurate and sufficient description and all any decent person would want to hear of it," the judge said in his statement.

District Attorney Steve Bebb, who told Hagler authorities had the tape and suggested the judge resign, has said the recording "would disturb any human being who heard it." Hagler has said Bebb concluded the recording didn't amount to a crime but suggested the judge should step down because of the potential for blackmail.

Hagler's court filing said that he dicated a personal message on an audiotape more than two years ago. "The message and contents involve no third persons and was never intended to be heard by anyone other than the plaintiff (Hagler) as it contained only the private and personal thoughts of the plaintiff," the petition for an injuction said.

Hagler's court filing included an affidavit from Bebb asking that the tape not be released, pending an investigation of the "leak of the recording."

The judge contended in his statement that the leak to the media is the "real story." Hagler said an investigation would show if the judiciary "has been a victim of a retaliatory attack." His statement didn't elaborate but alluded to a local bar association squabble.

The district attorney, who describes Hagler as a longtime friend, has disputed contentions the leak was related to the judge's recent ruling against a request by Bradley County Sheriff Tim Gobble for more department funding.

Hagler's resignation doesn't take effect until Dec. 31, but he said Tuesday that he has completed his dockets and does not plan to sit on the bench again.

Bebb has said Chattanooga police and the FBI interviewed a confidential source who provided a tape recording containing information about Hagler in November 2005. Bebb said that after an investigation about a possible Chattanooga crime, the case was closed in December 2005.

Bebb said his office was not notified about the recording until earlier this month. He has said the tape is government property and has been sent to the Tennessee Court of the Judiciary, which handles complaints against judges. A courts spokeswoman said there would be no Court of the Judiciary action after the judge's resignation.