I'm sorry. - I was addressing the idea that some think it was Barry's pen. Used to record Suzanne. Doesn't one party to the conversation have to give consent? So if Barry was recording Suzanne and anyone else, one of them has to give consent, right?
But if Barry was recording himself and Suzanne, that would be legal. But I don't find it plausible that Barry would attempt to secretly record Suzanne, unless of course she was talking to some other man. If that other man was leaving messages for Suzanne, and neither Suzanne nor that man consented, then Barry wasn't a party to the conversation (one party has to give consent).
So...if Barry secretly recorded Suzanne talking to someone else, without the consent of either of those two parties, wouldn't it be inadmissible?
Whereas if Suzanne recorded someone who was calling her, that's admissible.
Am I getting that right?