The Monrovia City Court’s Stipendiary Magistrate, L. Ben Barco, has instructed state prosecutors to produce the mobile phone of defendant Thomas Etheridge, a critical piece of evidence in the Capitol Building arson case.
The order follows defense counsel’s objections to the prosecution’s attempt to submit printed WhatsApp messages allegedly extracted from Etheridge’s phone into evidence.
During Tuesday’s proceedings, the prosecution presented documents purportedly containing WhatsApp conversations linked to Etheridge. However, the defense raised immediate objections, questioning the source and credibility of the printed messages. Arguing that the original phone, rather than printed excerpts, constitutes the best evidence, Etheridge’s lawyers called on Judge Barco to demand the physical device be brought before the court.
Chief Inspector Peter Johnson, a prosecution witness from the Crime Services Division, testified that the messages were collected from Etheridge’s phone. Despite this, the defense pointed to potential issues with the chain of custody and emphasized the necessity of examining the device to ensure the authenticity of the claims.
State prosecutors agreed to the defense’s request to ensure due process, signaling their willingness to produce the phone. Seeking additional time to gather the required evidence, they requested a brief continuance, which the defense did not oppose.
After reviewing the arguments, Judge Barco granted the prosecution’s request for more time and adjourned the hearing to January 29, 2025. The next session is expected to focus on the presentation and examination of the phone, a pivotal step in determining the admissibility of the contested WhatsApp messages.
