A York County judge on Wednesday threw out the case against a West York police officer accused of illegally taping phone calls from her ex-girlfriend and that woman's sister.
But prosecutors say they intend to refile the charges against Bridgette Wilson.
Trial was set to begin Wednesday for Wilson, 42, of Timber Drive in Manor Township, Lancaster County. She'd been charged with two counts of interception, disclosure or use of wire, electronic or oral communications.
Immediately prior to trial, defense attorney Korey Leslie asked presiding Common Pleas Judge Richard K. Renn to dismiss the charges against Wilson, Leslie said.
The issue with the case actually began when the prosecution tried to amend the case against Wilson by adding an additional charge under a different section of the state's wiretapping law, according to Leslie.
Motion denied: That charge would have accused Wilson of disclosing the contents of the recording, he said, based on the fact that Wilson played the tape for her chief.
"We opposed it because it changed our defense," Leslie said.
Judge Renn last month denied the prosecution's motion to amend, according to court records.
The subsections of Wilson's original -- now dismissed -- charges accused her of illegally taping the calls.
But according to Leslie, there's no proof Wilson was in York County when she recorded them.
Because of that, he asked the judge to throw out the case based on the jurisdictional issue, which is what Renn did.
"There was no way to tell where the call was (taped)," Leslie said.
Senior deputy prosecutor Seth Bortner said the case isn't over.
"Our plan is to appeal the dismissal of the charges -- and the denial of our motion to amend (them)," he said.
The background: Wilson remains on unpaid suspension from the West York Police Department.
She taped one phone call from former girlfriend Kimberly Patton of Lancaster, and also taped a call made to her by Patton's sister, Kristy Landis of Lancaster. Neither Patton nor Landis knew they were being taped, they previously said.
Wilson recorded the calls because she had an active protection from abuse order against Patton and was trying to get proof Patton was violating it, according to Leslie.
She then took the tapes to the West York police chief, who told her to put them in a safe place, then began an investigation into Wilson.
"She did it to protect herself -- to show this PFA was continuously being violated," Leslie has said.
Lancaster case: A receiving stolen property charge filed against Wilson in Lancaster County was dropped in July, according to court records.
In that case, police have said a search of her home for the West York case led officers to find an $800 police walkie-talkie owned by Susquehanna Township Police.
Wilson previously worked for that department and was supposed to have turned in her equipment when she left the department in December 2007, police have said.
In addition to being an officer with the West York and Susquehanna Township police departments, Wilson also has been a Lancaster City police officer and a York County sheriff's deputy.
-- Staff writer Liz Evans Scolforo can also be reached at firstname.lastname@example.org.