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Appellate panel probes admissibility of secretly recorded audio and late‑produced photos in civil trial
Summary
In Belkounis v. Fardy, appellants alleged the trial court erred by admitting a secretly recorded audio recording (alleged Wiretap Act issue, Mass. Gen. Laws ch.272 §99) and photographs disclosed late in discovery; counsel said the recording was played repeatedly and could have prejudiced the jury, while opposing counsel and trial counsel argued civil rules and damages remedies differ from criminal suppression doctrines.
The panel heard argument in 25P0339, concerning alleged trial‑level evidentiary errors including admission of an audio recording made without all parties’ knowledge and the late introduction of photographs that the appellants said were sanctioned out of evidence.
Patricia Gary, representing the appellant, argued that the recording was obtained and used in a manner inconsistent with the Wiretap Act (Mass. Gen. Laws ch.272 §99) and that its…
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