Attorneys for James Barbour, charged with statutory sodomy for allegedly having sex in his dressing room with a 15-year-old girl, said Barbour was in Los Angeles when he spoke on the phone to his alleged victim in New York, the New York Post said Thursday.
California law requires both parties be aware that a phone conversation is being taped; New York law requires that only one of the parties know about the taping.
In papers filed Wednesday, attorneys for Barbour, who once played the Beast in "Beauty and the Beast," said their client didn't know the conversation was being taped, so the tape is illegal and inadmissible.
The judge said she would rule on whether New York or California law applies on March 7.
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