>>>Its hearsay. Its self-incriminatory. Its confidential. And its beyond stale. Any DA would be a fool to prosecute this.<<<
It is not “hearsay” if there is a recording of it.
It is “self-incriminatory”, but so what? All confessions are. He was not being questioned by law enforcement or in court without waiving his right to remain silent, so no 5th Amendment issues exist.
Not sure what the California law about confidentiality is.
The “staleness” might be an issue for the DA. From the listening to the tape, it would seem that at least 2 of the 3 girls could be identified, possibly all 3. The tape alone would not seem enough to convict him, without victims coming forward.
The guy admits to exposing himself, multiple times to a girl when she was 11, 12 and 13 and putting her hand on his penis, at least once. He also admits to non specific incidents with 2 other girls.
Whether or not a DA can make a case at this point, the guy is a disgusting pervert and nobody should be making excuses for him or looking for ways for him to beat the rap.
I get the whole “bitter ex wife thing”, but some ex wives have good cause to be bitter, and his ex seems to be one of them.
This was not a “confession.” It was a legally privileged conversation between a patient and his therapy group. If he was unaware that he was being taped or if he had a reasonable expectation that that conversation fell within the bounds of confidence, then he could move to suppress. Without corroborating testimony from the alleged victims, who’s to say this wasn’t just some perv vocalizing a sick fantasy? And how did the wife come by the tape to begin with? If it was made with his knowledge for therapeutic purposes, this therapist is a goner. I can’t imagine any therapist letting a third party tape record a group session.