They can say what they want in opening statements but it does not guarantee they will be able to prove it. Many defense attorneys make statements in opening they fail to prove during the trial. It's a way to get it in without getting it in. It can't be that difficult for the judge to rule. My guess is the judge wants case law from both sides to show how defense can get it in or prosecution is justified in keeping it out. But that is just a guess. She is claiming abuse but if it's just him talking about sex fantasies how in the world does that prove abuse. Plus why would she tape him? Did she know what he was going to say? Did she set him up by something she said in a previous telephone call? Was the recording the whole call or just a portion? These may be the issues the judge has to consider. What was HER motive for taping it. It may not have been a call from hello until goodbye and that could be part of the problem. What is missing could be what is holding this recording from being ruled on. jmo
I think she liked to record him and listen to him over and over again. She was obsessed with him