The reason the Judge said she will review the call is because Arizona is a ONE party consent State. California is a TWO party consent State. If JA was in California and wanted to record TA and he happened to be in Palm Desert, CA at the time she would need both parties to consent (and since she is recording, we know she is giving her own consent)
If JA is in California and she is talking to TA and he is in Arizona, a ONE party consent State, it is not illegal in AZ to record the call so JA is the only one that needs to "know" it is being recorded, and she did.
If JA recorded the call in question from CA to AZ (a two party consent state to a one party consent state) and then JA killed TA in the State of California, and her Attorney wanted to use this call in the Trial in California, they could not use this recorded call in the California Trial as California is a Two party Consent State.
However, the trial is in Arizona where the party that got recorded did not have to give his consent to be recorded. This is why the Attorney in opening statement said that this call will be played in court.
The Judge took the taped call and is making a decision on whether to play this in court, but my guess is it is NOT being decided based on the legality of recording as TA did not need to give consent in AZ, it is being decided based on relevance to her Defense only.
(If you are in a one party state and the other person online is in a one party state - you do not have to inform them they are being recorded. You knowing that you are recording, qualifies as the one party notification. This is not an interpretation of the law. It IS the law.)
CALIFORNIA PHONE RECORDING LAW: Cal. Penal Code § 632(a)
Statute prohibits the recording of confidential communications without "the consent of all parties." Evidence obtained in violation of this section may not be used in any judicial proceeding. This prohibition is confined to confidential communications, defined by statute as "any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties there to," but does not include communications made under any "circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded."
ARIZONA PHONE RECORDING LAW: Ariz. Rev. Stat. Ann. § 13-3005
A party is not prohibited from intercepting oral communications.
(This is a good table of recording laws State by State)
http://www.aapsonline.org/judicial/telephone.htm
I've tried to read through and see if this was asked and answered but I gotta get to work so...
About the phone call and conflicting AR CA law: Since the trial is in AR wouldn't they go by AR law? Or if she is charged for recording him without his knowledge (if that is what she did) wouldn't CA have to charge her? TIA for anyone who can answer.
Just a random thought on my part. If I was on the jury and they were pulling that stunt with the lowered chair to make her look smaller than she is on me, I'd be po'd the first time I saw her standing.