Yes, audio recordings can be introduced as evidence at an Article 32 preliminary hearing. Just like documents and physical objects, audio recordings are a form of evidence that can be presented by either the government or the defense to support their case. The relaxed evidentiary rules of the hearing make their admission relatively straightforward.
For a recording to be considered by the Preliminary Hearing Officer (PHO), it must be authenticated. This means the party introducing the recording must provide sufficient proof that the recording is what they claim it to be. This can be done through the testimony of a witness who was present when the recording was made, or a witness who can identify the voices on the recording. The standard for authentication is not as strict as it would be at a trial.
Audio recordings can be powerful evidence. The government might introduce a recording of a controlled phone call between the accused and the accuser or a recording of the accused’s interview with law enforcement. The defense might introduce a recording of a conversation that contains exculpatory statements or statements that impeach the credibility of a government witness.
The PHO will listen to the recording and determine the weight and value it should be given. The opposing party has the right to object to the recording on grounds such as a lack of authentication, irrelevance, or if it was illegally obtained. The PHO will rule on these objections for the purpose of the hearing. If properly authenticated, audio recordings can be a key part of the evidence reviewed by the PHO.