A mutual friend of my son and his ex-girlfriend revealed to me that she recorded her and my sons ex"s conversation while riding in her car together .She used her record button on her cell phone to do so.
My sons ex admitted that my son never hit or harmed her in any way,and that she only pressed charges because she was mad over the break up.my question is ,can this recording be used in court
Kentucky is a ONE party state, meaning that only one person to a conversation has to know that a recording is being made.
In Kentucky, it is a felony to overhear or record, through use of an electronic or mechanical device, a wire or oral communication
without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. § 526.010. A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time. Ky. Rev. Stat. Ann. § 526.020.
Divulging information obtained through illegal eavesdropping is a separate crime, punishable as a misdemeanor. Ky. Rev. Stat. Ann. § 526.060.
Anyone who inadvertently hears a conversation transmitted through a wireless telephone on a radio receiver does not violate the eavesdropping statute, but if that same conversation is recorded or passed on to others without the consent of a party to the original conversation, a violation occurs. Ky. Att’y Gen. Op. 84-310 (1984). This prohibition includes recording any oral communication of others without their consent, so long as the recorder used an eavesdropping device.
A conversation which is loud enough to be heard through the wall or through the heating system without the use of any device is not protected by the statute, since a person who desires privacy can take the steps necessary to ensure that his conversation cannot be overheard by the ordinary ear. Ky. Rev. Stat. Ann. § 526.020.
and should I approach the prosecutor with this evidence at the pretrial conf.,or wait for my son to have a lawyer appointed and give it to them?
Turn over the possible evidence to your sons attorney.
