BATH | Prosecutors agreed not to enter recordings of phone calls by accused killer Lloyd Neurauter at the conclusion of an evidentiary hearing Thursday.

Neurauter’s defense attorney, Christopher Tunney, suggested during cross examination of a former FBI agent who interviewed his client that the interview was a pretext to put Neurauter on edge and get him to start making phone calls that could be monitored.

Steuben County Judge Peter Bradstreet said the purpose of the interview wasn’t relevant to the hearing.

However, District Attorney Brooks Baker conceded on a defense motion that the recordings not be heard by a jury.

“Early on, the defendant moved to suppress the tapes of phone calls that we gained through a phone intercept, or wire, search warrant,” Baker said after the hearing. “There are some very technical requirements for that. We believed we had complied with those by giving him copies of the actual tapes, but because of some technical issues we didn’t serve them notice within a timely fashion.”

Baker said to avoid creating possible grounds for appeal in the case, he chose to concede the point and not try to introduce the phone calls at trial.

“Our belief is that evidence isn’t particularly crucial to our case,” Baker added.

Tunney also challenged statements made to Neurauter by former FBI Special Agent Kenneth Jensen during the interview -- one about the death of his ex-wife being ruled a homicide and another where Neurauter was assured the interview wasn’t being recorded.

Jensen acknowledged that he hadn’t spoken to the medical examiner or seen a medical examiner’s report when he made that statement.

But Baker said after the hearing that the medical examiner had provided his opinion that the case was a homicide at that point, so he doesn’t believe the statement was misleading.

Also, “there is no requirement that they be honest in an interview,” Baker noted, saying he believes there was no issue with the agents lying about whether the conversation was being recorded.

Judge Bradstreet also heard a part of the interview replayed from a different recording with better audio, which detailed a moment where Lloyd Neurauter said he was wondering if he and daughter Karrie Neurauter, who has pleaded guilty in the case, needed attorneys.

But when asked by Jensen whether he wanted to stop talking to them, Neurauter went on with the conversation.

Baker said it’s up to Bradstreet whether that constituted an invocation of his right to an attorney, but said he doesn’t believe so.

“Our position is that it was an equivocal suggestion by him (that he might need a lawyer), that it was not a request for counsel,” Baker said.

Bradstreet will rule on what evidence will be presented to the jury before the trial, which is slated for late September.

Lloyd Neurauter is charged with first-degree murder, second-degree attempted murder, first-degree burglary, first-degree custodial interference, tampering with physical evidence, offering a false statement for filing, endangering the welfare of a child, second-degree conspiracy and second-degree custodial interference related to the Aug. 27, 2017 death of Michele Neurauter at her Dwight Avenue home in Corning.

Prosecutors say Lloyd Neurauter, with the assistance of his daughter Karrie Neurauter, killed Michele and disguised her death as a suicide.