By SR Reporter Eli Francovich.
It could be that the Defense might bring up that admissibility of the recording based upon Washington State’s ALL PARTY CONSENT LAW, and whether the recording meets an exception to RCW 9.73.
I have brought this case up previously in relation to the Body Camera issues, but I’ll mention it again since it got the exceptions to RCW 9.73 rolling back in my day when I was working Organized Crime Intelligence and there was a lot of public concern about Cops illegally recording Citizens as well as Politicians and keeping Secret Intelligence Files on them. You might note that somewhat ironically the case involves a Seattle Detective murdering someone. It also is interesting from the standpoint of the role the media played in making the tape public. It was quite the case back in the day, and is often cited in cases concern Washington Privacy Laws.
This is a snippet of what the Jury heard in the Smith case.
Just to clear up a question someone had, it doesn’t make any difference where the recording was made, or what the privacy laws were where the recording was made, Washington Privacy Laws cover the admissibility.
The case and the pre-trial hearings should be interesting!
I REPORT YOU DECIDE!