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If the man didn't know he was being recorded, then the ramblings of an old man said in private should not be used against him!
If, as the wh*re claims, he asked to be recorded because of dementia, all the worse as far as I am concerned! The wh*re knew of his physical state and took advantage of him and his private thoughts.
I was under the assumption that in the state of CA, both parties had to be aware of being recorded so the claim that both knew they were being recorded, clears her. But, if the reason both knew of the recording is because of his dementia, then that physical condition comes into play as far as his mental state and his statements should not be used against him!