The existence of a voice recording can be devastating for a defendant, former federal prosecutor Carol Lam says. But not every tape rises to that level.
A voice recording of a target of a criminal investigation can be powerful evidence because, unlike witness testimony, a recording is unchangeable and can be played over and over in a courtroom. Emails and text messages can be helpful to a prosecutor’s case, but voice recordings allow jurors to also assess a defendant’s tone, such as enthusiasm, reluctance or assertiveness.
But not all recordings are created equal. Prosecutors know that the quality of a voice recording can depend on whether it is a telephone wiretap, an audio or video recording, a surreptitious voice recording in a private office or a hidden microphone in a noisy restaurant. What can be derived from those sources of evidence can make the difference between a conviction and an acquittal.
For similar reasons, the best voice evidence often comes from recorded telephone calls. Why? Because on a two-way call, there are only two speakers, and ambient noise is usually minimal. On phone calls the speakers cannot see each other’s facial expressions or lip movements, so they tend to speak more clearly. In the days before cellphones, wiretaps on landline phones consistently yielded excellent evidence.But recording quality degrades in less controlled environments.
Even settings conducive to recording can produce tapes that aren’t good evidence if it’s not clear who is speaking, or people are mumbling or talking over each other. Former Trump lawyer Michael Cohen, who is now cooperating with Manhattan District Attorney Alvin Bragg, produced a 2016 tape in which he claims Trump suggested cash be paid to a media company for the rights to a woman’s story about an alleged affair with Trump.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Trump lawyers meet with special counsel Jack Smith as indictment speculation heats upSpecial counsel Jack Smith and the DOJ are investigating Donald Trump for keeping government documents after he left the White House.
Read more »
Trump lawyers meet with Justice Department officialsTrump's lawyers are meeting with officials at the DOJ, sources say. They had sought the meeting to discuss the special counsel.
Read more »
Trump Loses It as Lawyers Push DOJ Not to Charge HimTrump’s attorneys were spotted at the offices of the Department of Justice on Monday, where they reportedly begged prosecutors investigating the former president’s hoarding of classified documents not to charge him.
Read more »
Opinion | For Donald Trump, does jail equal justice?The assumption that there can be no accountability without prison is striking —especially among liberals who have advocated for alternatives to incarceration.
Read more »