The attorney representing the family of slain UW-Madison student Brittany Zimmermann will get to hear a 911 call made from Zimmermann's cell phone the day she was murdered last year, a Dane County judge ruled Wednesday.

But Circuit Judge Maryann Sumi said attorney Robert Elliott will only hear it under tightly controlled conditions, and that transcripts of any depositions that discuss the recording could be sealed by the court.

Elliott said he needs to hear the recording so he can start depositions and expert analysis in the Zimmermann family's lawsuit against Dane County and 911 dispatcher Rita Gahagan, along with the owner and property manager of the West Doty Street apartment building where Zimmermann, 21, lived and was stabbed to death on April 8, 2008.

Kevin and Jean Zimmermann have heard the recording, along with a number of police and county leaders. It was also played for attorneys during a media lawsuit against Dane County that unsuccessfully sought release of the recording.

"The horse is out of the barn and a number of people have commented about what they heard," Sumi said. "To say that this has not been commented on in a public forum is not correct."

According to a search warrant affidavit, the sounds heard during the minute-long call were described as a scream and the sounds of struggle.

Attorney David McFarlane, who is representing Dane County in the lawsuit, said playing of the recording could hamper the police investigation. In an affidavit, District Attorney Brian Blanchard wrote that the Zimmermann homicide "is not a cold case."

After the hearing, McFarlane said the county will consider appealing the decision. He also said he intends to file a motion seeking dismissal of the Zimmermanns' claims against the county.

A trial was tentatively set for December 2010.