A judge set to preside over the trial of a prominent Casper businessman accused of sexual assault decided Wednesday to exclude some pieces of potential evidence taken from the man’s phone, saying law enforcement did not have probable cause to seize a voicemail left by the defendant’s wife.
Judge Daniel Forgey also disallowed evidence that would show the camera on Tony Cercy’s phone was triggered in the early morning hours of June 25, when he is alleged to have assaulted a woman on a couch in his Alcova house. An entirely black image is all that was captured by the camera.
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