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Judge refuses additional Lewinsky testimony in Tripp wiretap case

May 23, 2000
Web posted at: 3:06 p.m. EDT (1906 GMT)

ELLICOTT CITY, Maryland (CNN) -- The judge in the Maryland wiretap case against Linda Tripp has refused a request from prosecutors that could have allowed additional testimony from Tripp's former friend, Monica Lewinsky.

"Clearly, it's important evidence, no doubt about that," assistant state prosecutor Mike McDonough said Tuesday.

He refused to say whether prosecutors will now drop their effort to obtain a conviction of Tripp, who is scheduled to come to trial July 10 on two felony counts of illegal wiretapping.

Circuit Court Judge Diane Leasure issued a ruling May 5 allowing the case to go forward, but with Lewinsky's proposed testimony limited to whether she granted consent to allow Tripp to record telephone conversations between the two.

In those phone calls, Lewinsky revealed details of her affair with President Bill Clinton, which led to a federal investigation and his eventual impeachment and acquittal.

Under Maryland law, it is illegal to record telephone calls without consent. Tripp is charged with recording and disclosing the contents of calls made from her home in Columbia, Maryland, about 20 miles from Washington.

In pre-trial activity, defense lawyers were rebuffed in their efforts to have the indictment thrown out on grounds the charges relied on protected evidence developed by Independent Counsel Ken Starr in his federal probe.

The judge held hearings to examine whether state prosecutors built an independent case, and her subsequent ruling suppressed certain evidence that failed the test -- including most of what Lewinsky would have told a jury.

Prosecutors filed a request May 12 for clarification of Leasure's order limiting any Lewinsky testimony. Monday, McDonough said that since Lewinsky can testify she never granted permission to be recorded, she should also be allowed to validate the specific conversation prosecutors would use as evidence.

The judge late Monday disagreed, and said her order stands as written.


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Tuesday, May 23, 2000

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