DOWNTOWN FORT MYERS, Fla. — Wade Wilson and another plaintiff are suing the Lee County Sheriff's Office and the State Attorney's Office.
According to court records, Wilson and Jesse Tehonica filed a civil lawsuit in September, but records show the complaint is confidential.
However, the attorney representing the SAO responded to the lawsuit with an "answer and affirmative defense" in early November.
Documents indicate there are two claims of declaratory relief and temporary and permanent injunctive relief against LCSO and the SAO.
In an affirmative defense from the SAO's attorney, they say they have not illegally or inappropriately released any recorded calls, as alleged in the complaint.
"In fact, the Recorded Calls in possession of the SAO qualify as public records because they were selected by the prosecutors in preparation of their case for trial and sentencing and are therefore classified as “investigative material” or those which “perpetuate or formalize knowledge in connection with official action," the documents said.
On social media, Wilson's jail phone calls had been posted to platforms such as TikTok. Wade Wilson was sentenced to death earlier this year for the murders of Kristine Melton and Diane Ruiz.
According to the response, it says the SAO was obligated under public records laws to review the information and release them as a public record, when requested.
It also says the Sheriff's Office will maintain the jail calls for the security of the jail, not the substance of the calls.
In response to the injunctive relief, which is a court order that prevents or requires a specific action to be taken, the SAO says "...Plaintiffs fail to demonstrate any irreparable harm necessitating the requested relief."
Fox 4 Senior Reporter Kaitlin Knapp has reached out to Andrea Mogensen more than three times for comment and the complaint, but she has not returned any calls or emails.
The Lee County Sheriff's Office provided the following statement about the lawsuit:
"It is our long standing practice that we do not comment on pending or active litigation."
As for the SAO's attorney, they are out of the office and are expected to be back on Tuesday.
