MOSCOW, Idaho -

The Moscow Police Department is under fire from defense lawyers for Charles Capone after detectives recorded over a key portion of an interview with him.

Capone and David Stone are facing murder charges for their roles in the disappearance of Capone's estranged wife Rachael Anderson.

The interview with Capone was recorded three years ago and during the interview detectives said Capone didn't kill his wife but knew where her body was.

Detectives said they later taped over the statement because the recording also contained taped conversations between Capone and his attorney.

Magistrate John C. Judge called the loss a big oversight.