Two of the three cell phones containing secretly recorded conversations with members of the gang have been admitted into evidence in the Klansman trial.

A Samsung phone owned by the informant, turned state witness, was early this afternoon entered into evidence.

The phone was admitted following the police witness’ evidence about his custody of the phone.

Last week, a Vonino phone was also tendered into evidence.

However, in relation to the third phone, Presiding Judge, Chief Justice Bryan Sykes, today shot down another attempt by the prosecution to admit it into evidence.

Tauna Thomas reports.


The phone in question is a black Alcatel.

Last week, the prosecution attempted to tender the phone into evidence.

However it was instead marked for identification.

This after the police witness who is still giving evidence was unable to say what was the International Mobile Equipment Identity, IMEI, number.

The witness says he used a dial code to obtain the IMEI number but in court last week the phone was not charged.

Today, the witness disclosed to Chief Justice Sykes that the court Registrar has charged the phone which would allow him to dial the code and obtain the IMEI number which is unique to every phone.

But the witness and the prosecution hit another hurdle when the phone was turned on.

It was discovered that the phone has a password that isn’t known to the police witness.

According to the witness who is the Lead Investigator in the case, the password would’ve been added by the user who is the second witness in the trial.

In a turn of events, the police witness then uttered that he would be able to identify the unique number as it was also listed on the back of the phone.

Chief Justice Sykes probed how the witness suddenly knew the IMEI number was on the back of the phone but never indicated this before.

The witness explained that he didn’t know previously about the number being on the back of the phone.

He further explained that while observing the phone today, he recognized the last four digits on the back of the phone which are the same numbers he noted in his records as the IMEI number.

However Justice Sykes said the witness was still unable to demonstrate that the same number on the back of the phone is identical to the one he’d seen if the dial code was used.

Justice Sykes declared that he couldn’t move on from this factor and maintained that the phone would remain at this time as a marked exhibit for identification.

In the meantime, as cross examination of the Lead Investigator got underway this afternoon, at least one defence attorney drilled him about why he did not charge the former gang member turned informant in the case.

Defence attorney, Denise Hinson, is representing Donovan Richards and Michael Whitely.

She questioned why the former gangster turned second witness who detailed several serious crimes has not also been charged by the police for his involvement.

In response the police witness told the court the investigations were ongoing.

He further noted that the informant having come in to the Police and given the information he did, inquiries were made across the St. Catherine North Police Division.

The witness says the second witness did not appear as a suspect in any of the incidents mentioned.

Meanwhile, Ms. Hinson also questioned the witness about why her client Michael Whitely had been in custody for over eight months since November 2018 without being in an Identification parade or charged.

The witness says he was not the one who arrested the accused and implied that he may’ve been arrested for other offences before his investigation began.

The witness says he would not have had an account of the accused before July 2019.