I think the defendant did some foolish stuff, and a defense like, "the recorder turned on accidentally" is a bit hard to believe. However, this quote from a former LEO prospective juror is a bit disconcerting, as it makes me wonder how many other LEOs have "such strong feelings". Then again he might have just taken a cue from the other jurors on how to get out of jury duty:
Well, I'm in favor of single party consent wiretapping laws, and I don't personally believe that a public area should carry any expectation of privacy (although the manager's office probably would). However, if he really does have short term memory problems and uses the recorder to help him with that it's a lot more legit.
But yeah, guy did some stupid stuff. Not a terrorist by any stretch though.