Shawn Healea

SHELBYVILLE, Mo. (AP) — A recorded conversation between a central Missouri prosecutor and his attorney will not be heard at the prosecutor’s trial on assault and drunken driving charges.

Circuit Judge Frederick Tucker ruled Thursday that Columbia police violated the U.S. and state constitutions when they recorded a call between Moniteau County Prosecutor Shayne Healea and his defense attorney.

Healea is accused of being drunk when he crashed his truck into a restaurant in October 2014, injuring four people. Healea admits running into the building but says he wasn’t drunk.

The judge ruled the recording should be suppressed but declined to dismiss the case. He said the recording didn’t reveal any potential trial strategy and prosecutors did not use it when deciding whether to file charges.