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[ A Marine fights to prove hes innocent of sexual misconduct. Then a lost cellphone is found ] The 45-minute audio recording of The Posts interview with Thompson, which the newspaper published online in July, is part of the militarys case set to begin in January. At a preliminary hearing at Marine Corps Base Quantico on Tuesday, Thompsons attorneys asked a military judge to order The Post to turn over the original recording and contemporaneous notes from the reporter. Our contention is that there are portions of the interview missing, Thompson attorney Kevin B. McDermott said in the courtroom in the basement of Lejeune Hall. If the government intends to use my clients statements against him, we believe we should have access to it. We have every right to determine whether the recording is accurate, he said. Marine Corps prosecutor Maj. Babu Kaza said The Post had already provided a digital recording of the interview, in addition to a statement from Post counsel, under penalty of perjury, that the recording produced in response to a government subpoena was complete and unaltered. The notes are irrelevant, Kaza said, because the government does not intend to call reporter John Woodrow Cox as a witness. [ Marine in sexual misconduct case faces unusual charge of lying to a reporter ] McDermott suggested that there was a sizable gap in the recording at a critical moment in the interview, and that prosecutors should not be allowed to play the recording at Thompsons court-martial unless Cox testifies to its authenticity. During their interview, Cox showed Thompson copies of text messages he uncovered that suggested Thompson was involved in a sexual relationship with a female midshipman.
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