Suspended Somerset County District Attorney Jeff Thomas made an appearance in court for his pretrial hearing for allegedly sexually assaulting a woman in September of last year.
The defense filed a motion to exclude wire tap recordings from the trial between Thomas & the alleged victim.
The defense argues the recordings were illegally acquired and violate Thomas’ Fourth Amendment rights.
The judge continued the motion for 45 more days so that both sides can come up with arguments as to whether or not they should be used in court.
“I just respectfully suggest to the court, maybe this is an issue that could be later reviewed by higher courts with respect to this idea of a common law trespass, which is what we’re saying happened, when law enforcement used a listening device to seize and capture words uttered by the defendant.”
The judge lifted the no contact order from his wife that was part of his bond stipulation allowing them to see each other again.
But they have to get through the Cambria County hurdle for it to actually happen where the rule still stands for a different incident.