CHAMBERSBURG – A video recording that went viral for having audio of what is believed to be the alleged abuse of a 1-year-old boy will not be heard during any possible trial proceedings, a judge ordered Monday.
Attorneys on both sides of the case against Jessica Samick agreed the video should be excluded, because it was recorded without Samick’s permission.
Samick was accused of beating the baby while she was babysitting him around March 15, 2017, while the mother was out of town for several days.
Samick is charged with one felony count of endangering the welfare of children and misdemeanor simple assault, according to court documents.
More: Update: Charges filed in Waynesboro child abuse case featured on Steve Wilkos Show
More: Suspect wants to keep viral video of alleged child abuse out of court
In the video, approximately 37 smacks could be heard before the video ends, with a person believed to be Samick swearing and telling the baby to stop, according to court documents.
The video was posted to social media, which went viral and was featured on the Steve Wilkos Show last fall.
In a November hearing, Samick’s attorney Joseph Hannigan argued the video was too prejudicial to his client.
At the time, assistant district attorney Eric Augustine contended that Hannigan’s arguments did not match the kind of motion Hannigan filed.
Monday, Augustine conceded that the issue with the video was that the recording was made by a witness in the home, Taylor Guifoyle, without Samick’s permission. This action violated the wiretap act, which meant it could not and should not be used during any possible trial.
Guifoyle could still be subpoenaed to testify to what she witnessed, should the case go to trial.
Judge Angela Krom ordered the video’s exclusion from court proceedings.
Samick is being held at Franklin County Jail, having been out on bail, then returned to jail after violations of her pretrial release. Bail is currently set at $100,000.
Read or Share this story: https://ponews.co/2q0BNN5