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Phone Records to be Allowed As Evidence in McKinnon Trial

Christian County State’s Attorney Mike Havera and Defense Attorney Tom Finks argued in court on Tuesday afternoon over whether or not recorded phone conversations between Angela McKinnon and her boyfriend in prison should be allowed as evidence at trial.

 

McKinnon is charged with drug-induced homicide, and is currently in the Christian County Jail on a $1 Million bond. Defense Attorney Finks argued that the prosecution did not properly execute a subpoena, and in turn did not properly acquire the phone records from the Department of Corrections. Finks requested the court throw out the phone records, and reimburse McKinnon $500 for the time he spent preparing the defense, stating that every possible rule of the court regarding subpoenas was violated by the prosecution.

 

State’s Attorney Mike Havera argued that the evidence would have been discovered anyway, and that the errors committed in the subpoena were inadvertent. Havera also argued that there is no expectations of privacy for phone conversations with inmates.

 

Judge Brad Paisley ruled that the records will be allowed as evidence at trial, admitting that the State’s sloppy handling of the subpoena process. Paisley stated that he wasn’t happy about it, but it’s not a habit of the state.

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