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Friday, Sept. 5, 2008 , 12:00 a.m.

Tennessee: Hidden tape recorder intended as ‘prank,’ lawmaker says

NASHVILLE — A state lawmaker said Thursday night he attached a digital recorder under an aide’s desk as “just a prank,” but no one’s laughing now with the Tennessee Bureau of Investigation looking into the matter as a potentially serious case of bugging.

Rep. Jim Cobb, R-Spring City, said there was “no invasion of privacy done or intended” in the incident which involved his administrative aide, Paul Overhoiser.

The lawmaker, who represents Rhea County and part of Hamilton County, said he used Velcro to lash the recorder to the underside of the desk.

“It was where you could see it from the chair,” Rep. Cobb said in an interview. “I put it there and was going to come in and when Paul found it, he was going to jump up, run in and we were going to laugh about it. It was not hidden. It was not meant to do anything except be a joke.”

TBI spokeswoman Kristin Helm confirmed that the agency has gotten involved.

“I can tell you that we are in the process or should be shortly receiving a request here from the district attorney to open a case on that device being found there,” Ms. Helm said. “That’s all I can (say) now. Yes, we are opening an investigative case file.”

Ms. Helm said the agency can open a criminal investigation only when asked by the local district attorney general.

Rep. Cobb, who recalled setting the device up on Tuesday, said he forgot about putting the recorder there until Thursday.

“When I came in, Paul had already found it and had already made his call and when he was telling me he found it, that’s when it dawned on me, ‘Hey Paul, that was me and the reason you found it was it was right there where you could see it — it was me. I wanted you to find it.’”

Mr. Overhoiser, who also serves as administrative assistant to Rep. Beth Harwell, R-Nashville, declined comment Thursday afternoon and referred questions to House Republican Caucus spokeswoman Kara Watkins.

Efforts to contact Rep. Harwell and Ms. Watkins late Thursday afternoon and evening were unsuccessful.

Earlier Thursday, House Speaker Jimmy Naifeh, D-Covington, confirmed he had contacted the TBI upon receiving a complaint about a secret recording device. He provided little other information.

“I just know the young man came down here and told me about it,” Speaker Naifeh said. “So I immediately called the (TBI) director, (Mark) Gywn, and he sent an agent up here.”

Efforts to contact the speaker later about Rep. Cobb’s assertion the matter was a prank that spiraled out of control were unsuccessful.

Rep. Cobb said that he spoke with a TBI agent about the matter earlier Thursday.

“Paul was reacting to something he thought was someone from the other side (Democrats) trying to get information,” Rep. Cobb said. “I told the investigator that. I know he’s satisfied that I told him the straight story and so is Paul. To me, it’s still much ado about nothing. But Paul took the right steps to make the call.”

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