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Courtney Clenney Murder Case: Model Fighting Prosecutors Over 'Illegal Recordings' Being Used in Trial

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Source: MIAMI-DADE POLICE DEPT.

The prosecution responded to Courtney Clenney's motion to suppress "illegal recordings" from being used during trial.

Nov. 20 2023, Published 7:00 p.m. ET

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OnlyFans model Courtney Clenney is desperately trying to get a huge cache of "illegal recordings" detailing the arguments and fights she had with her dead boyfriend tossed from her trial, RadarOnline.com has learned.

Clenney was charged with second-degree murder for the death of her boyfriend, Christian "Toby" Obumseli, last year, for which she has pleaded not guilty.

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Clenney was charged with second-degree murder after she fatally stabbed her boyfriend in April 2022.

Prosecutors in Miami argue that Clenney was the aggressor prior to fatally stabbing Obumseli in the couple's luxury high-rise apartment on April 3, 2022, claiming these recordings illustrate a pattern of abuse.

The defense argued that it was Obumseli who was the abuser and claimed that she acted in self-defense to save her own life.

Prosecutors said some of the recordings should qualify as fair game because "arguments and episodes of violence" would occur in private loudly and in public. "Particularly pertinent is that many of the audio files predate the Defendant and [Obumseli]'s arrival to Miami."

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Clenney pleaded not guilty and said she acted in self-defense.

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RadarOnline.com should note this part is pertinent because Florida is a "two-party" consent state. This means that in that state, all parties involved in a private conversation must consent to the recording of that conversation with a few exceptions to the rule.

At least 220 video files and 646 audio files have been obtained, and prosecutors debated Clenney's motion, claiming it failed to state with particularity what evidence she seeks to suppress beyond describing the evidence only as "surreptitious" or "illegal" recordings.

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At least 220 video files and 646 audio files have been obtained.

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State Attorney Katherine Rundle fired back at that claim, citing the location where the communication took place, the conduct of the speaker, the number of people present, and other factors.

As part of her argument defending the recordings they are determined to use in trial, the prosecution noted not all are relevant, but explained that many of the audio clips were sent from Clenney to Obumseli via instant message, "which she knew or should have known he could 'keep.'"

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Clenney "admits knowing that [Obumseli] would record her," the docs continued. "As much as counsel for the Defendant claims on television that the evidence shows the Defendant is a victim of abuse, the reality is that the Defendant was a domestic abuser."

Rundle concluded, "The Defendant's motion only succeeds in eliminating her claim of a subjective expectation of privacy within the recordings by admitting that she was on notice that [Obumseli] would record her abuse."

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RadarOnline.com has learned Clenney's hearing on the matter has been reset for December 15.

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