However, based on the comments by U.S. District Judge Susan Illston the tape will probably never make into the trial. Although no formal decision has been made, Judge Illston’s called the tape “almost entirely inadmissible or irrelevant” and added that she could only hear Hoskins clearly on the tape, and couldn’t hear Dr. Ting very well at all.
The content of the tape was also mostly commentary on news articles that were recently published around the time of the recording, which wouldn’t be much more than a waste of the jurors time.
However, the trial goes on today, with the prosecution calling three lab workers to the stand. The government is expected to rest its case shortly thereafter, though they must feel incredibly disappointed with how the trial has gone.
Strike three for the prosecution?