Throughout the trial, Cherry's defense attorney, Mickey Johnson, repeatedly observed that many of the prosecution's witnesses were either circumstantial or "inherently unreliable". Many of the same audiotapes presented in Blanton's trial were also introduced into evidence in the trial of Bobby Cherry. A key point contested as to the validity of the audiotapes being introduced into evidence, outside the hearing of the jury, was the fact that Cherry had no grounds to contest the introduction of the tapes into evidence, as, under the Fourth Amendment, neither his home or property had been subject to discreet recording by the FBI. Don Cochran disputed this position, arguing that Alabama law provides for "conspiracies to conceal evidence" to be proven by both inference and circumstantial evidence. In spite of a rebuttal argument by the defense, Judge Garrett ruled that some sections were too prejudicial, but also that portions of some audio recordings could be introduced as evidence. Through these rulings, Mitchell Burns was called to testify on behalf of the prosecution. His testimony was restricted to the areas of the recordings permitted into evidence.