Reno, Nev. (KRNV & MyNews4.com) -- A key piece of evidence in a months long investigation involving a Reno Police deputy chief was thrown out by a judge Tuesday.
Judge Brent Adams ruled that a secretly recorded conversation between Reno deputy police chief Dave Evans and former Sargent James Stegmaier was in violation of city policy.
The policy says a peace officer cannot secretly record a conversation with another.
Evans has been on paid administrative leave since August 2012. He's been involved in an Reno Police Department internal affairs investigation.
Stegmaier secretly recorded a conversation with Evans on his cell phone last year in a Sparks restaurant parking lot. He was also under investigation at the time and was seeking advice on what to do from Evans.
Stegmaier's attorney Ken McKenna said he doesn't believe the city's policy is fair and doesn't agree with the judge's ruling.
"There's no better evidence than a 100 percent accurate audio recording," said McKenna by phone Wednesday. "And for the city to have a rule that says audio recordings can't be used is really a way to encourage dishonest testimony."
Phone calls to Evans' attorney David Houston were not immediately returned on Wednesday.