Wiretap evidence thrown out of Macon murder trial

MACON, Georgia (41NBC/WMGT) – The Georgia Supreme Court has overturned a Bibb County judge’s decision to allow the use of wiretap evidence in a 2008 murder trial.

According to a news release, Justice Keith Blackwell said in a majority opinion the state did not present “satisfactory explanation” of not “immediately” presenting the wiretap evidence to the court, as required by federal law.

Benjamin Finney is a suspect in the shooting death of 55-year-old Gwendolyn Cole.

The Jones County Sheriff’s Office requested a wiretap by the District Attorney’s Office. Finney was suspected of selling drugs in Jones County.

The warrant for the wiretap ended on April 7, 2008, but the evidence from the wiretap wasn’t submitted to the judge until April 23. By federal law, the evidence must be sealed immediately after the expiration the warrant or have a “satisfactory explanation” for not doing so.

In 2013, Finney was indicted for the murder of Cole and also charged with aggravated assault and gun charges.