Audio recordings of Stockton Mayor Anthony Silva have been released of the alleged strip poker game he was involved in at his youth camp in the summer of 2015.
Those recordings, along with dozens of pictures, are what homeland security agents pulled off his phone as he was entering the country last fall. A day before he's set to appear in court, his attorneys say the state's evidence does not support the charges he faces.
The audio recording captures the moments after his attorneys said he walked in on several camp counselors playing strip poker at his summer camp last year in Amador County.
"Did he walk in on something like that? Yes, it sounds like he did. Is that a crime? Of course not," said Silva's attorney Allen Sawyer.
Sawyer said the less than 2 minute video was actually recorded by accident.
"What he did is what a lot of us have done. He essentially did a 'butt dial' for lack of a better term," Sawyer said.
Sawyer said the recording doesn't prove Silva is guilty like the state claims it does.
Silva was arrested a couple of weeks ago at that camp. He’s facing charges of secretly recording a strip poker game involving a minor and providing alcohol to minors.
Sawyer said nothing on that tape proves there was a minor in the room or that Silva violated anyone’s privacy.
"We talked to everybody there. No one says it violated their privacy," Sawyer said.
In addition to the audio, photos found on Silva's phone by Homeland Security agents at SFO may prove his innocence, according to Sawyer.
"Not one of those photos show anyone underage drinking alcohol, that was an absolute falsehood," Sawyer said.
One photo appears to show a beer pong game with boys and girls near cups of alcohol. But Sawyer points out there are other adults around in those photos as well.
"Why aren't those other adults being charged? I mean, the only person not in those photos is the mayor," said Sawyer.
Sawyer also said the location of these photos pokes holes in the state's case.
"All of that took place in the lodge. They are leaking out to the media that this took place in the mayor's cabin," he said.
Amador District Attorney Todd Riebe, whose office filed the case against Silva, released this statement:
"As prosecutors, before we file criminal charges, we have an ethical obligation to ensure that there exists sufficient evidence as to each charge. We continue to believe in the strength of our evidence. Additionally, we are not in the business of coercing, intimidating, or threatening witnesses. That would be a crime and did not occur in this case."
Silva is scheduled to be in court in Amador County on Thursday afternoon.
Below is the entire audio recording released by Silva's attorneys.
WARNING: Contains some explicit language.