State v. Gedutis

Defendant Alexander Gedutis was placed on probation for the misdemeanor conviction of unlawful mischief after damaging his wife’s vehicle. Six months later, complainant reported to police that defendant had left messages on her telephone answering machine, one threatening harm to her. As a result, a probation violation complaint was made alleging that defendant had violated conditions of his probation.

Complainant testified at the probation *592hearing that the last message defendant put on the answering machine was a threat to shoot her in the head. The State did not produce the inculpatory tape,…