A federal surveillance move will now be given to a jury to judge.
Overall this is a win for the prosecution BUT a tactic that could be picked apart by the defense.
Check more deets on the decision . . .
Deets . . .
"Yust talked about Kopetsky during a 2011 FBI audio recording on a hidden wire worn by his former girlfriend. . .
Yust's defense attorneys allege Farris used the promise of sex to entice him to confess to killing Kopetsky. They asked Cass County Presiding Judge William Collins to withhold the FBI wire recording from Yust's trial scheduled to begin April 5.
The recording picked up a conversation between Yust and Farris, "…wherein the defendant confessed to killing Kara Kopetsky," according to a state pleading obtained by KMBC 9 Investigates.
"Yust's recorded confession was voluntary," the pleading said, in part. "Yust was not 'entrapped' or 'enticed' to make his confession."
Developing . . .