Defense Argues Against Unlawful Recordings

During a Nov. 21 hearing, defense attorney Sylvia Roberta J. Smith filed a motion for the court to reconsider its ruling.

A65-year-old defendant is charged with three counts of first-degree child sex abuse. 

Smith argued that there is a recording that should not be allowed to be used because it was obtained without the defendant’s consent. She proceeded to explain that the recordings are unlawful because they were made in Maryland, and you cannot record without permission of both parties in Maryland. 

She stated that only in DC you would need the consent of one of the individuals and neither of them were present in DC at the time.

The prosecutor argued that a person can record as long as it is not for a criminal act. 

He said the victim just wanted a recording of the defendant admitting to what he had done to her over the years. It’s not unlawful in DC what two people do in Maryland, the prosecutor said. 

Smith continued to explain the DC law, stating she was “going in circles”in her debate with the prosecution about how the recording should be inadmissible.

DC Superior Court Judge Rainey Brandt said she will rule on the admissibility of the recording before Christmas.

The next hearing is scheduled for Jan. 20, 2023.

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