PA - A cell phone voicemail recorded a man shot to death by an off-duty SEPTA police officer.
Joe McNair and SEPTA police Sgt. Darryl Simmons got into an altercation on a Perkiomen Township road in Montgomery County on September 17, 2008. McNair had made a call on his cell phone.
The person McNair called didn't pick up so the call went to voicemail, recording the rest of the incident.
McNair's family later learned of the voicemail recording and believe it sheds new light on the incident. They took it to the Montgomery County District Attorney's office and now to the NBC10 Investigators.
Simmons' attorney insists the recording doesn't change a thing and in fact, feels the recording may be illegal and in violation of Pennsylvania's wiretap law. Montco D.A. Risa Ferman says, "One difficult issue with which we are grappling is that our research suggests this recording may violate the wiretap act." If it does break the wiretap law, the recording would not be admissible as evidence. (more)
Other problems caused by Pennsylvania's eavesdropping and wiretapping law... (here) (here) (here)
