Videotape evidence review

📄 Videotape evidence review — Monday, April 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\17\VIDEOTAPE-EVIDENCE-REVIEW.DOC

TRIAL

▲ Day 58 of 167

◀ Opening remarks Stipulations and motions ▶

Date: Monday, April 17, 1995 • Utterances: 16

The prosecution notified the court of a newly obtained videotape showing events at Rockingham from different angles, including one previously unseen event, with an embedded time counter. The defense had not been able to view it because they lacked a beta tape player, so Judge Ito called a recess to allow both sides to review the tape in chambers before addressing any foundational objections.

# 1 THE COURT:

All right. Thank you, Mr. Shapiro. All right. Counsel, I understand we have an issue to resolve regarding videotapes. Do we need to view those?

# 2 MR. COCHRAN:

Yes.

# 3 THE COURT:

What is the nature of this videotape, Mr. Goldberg?

# 4 MR. GOLDBERG:

Your Honor, we received another videotape depicting events at Rockingham with a time counter in it and it depicts some of the same events that we have already seen from different angles, in our view, better angles, and one new event that was not seen on the other videotapes. We would like to use it, and also use it in conjunction with the time counter to show when those events occurred. We provided the Defense with a beta copy of that tape, which apparently they have not viewed, because they don't have a beta tape player, so that is where we are.

KEY QUOTE

# 5 THE COURT:

All right. Mr. Scheck.

# 6 MR. SCHECK:

Yes, I understand, your Honor.

# 7 THE COURT:

Good morning, sir.

# 8 MR. SCHECK:

We would like to avail ourselves of the opportunity to look at that in chambers and confer among ourselves, since it is new footage. We haven't seen it.

# 9 THE COURT:

All right. Is there any disagreement as to--I see we have Mr. Coogan here from KABC. Is there any dispute as to the foundation?

# 10 MR. COCHRAN:

We haven't seen it.

# 11 THE COURT:

You don't know until you see it. All right. So we are going to have to sit and watch this for 25 minutes.

# 12 MR. GOLDBERG:

I didn't hear what the answer was as to foundation.

# 13 THE COURT:

They indicated they wanted to see it first before we dealt with any foundational issues. All right. Then we will stand in recess until counsel have had the opportunity to review this new videotape. I will make my VHS available to you.

# 14 MR. SCHECK:

Thank you, your Honor.

# 15 THE COURT:

All right.

# 16 (Recess.)

Temperature

routine

Key Quotes (3)

Hank Goldberg

We received another videotape depicting events at Rockingham with a time counter in it and it depicts some of the same events that we have already seen from different angles, in our view, better angles, and one new event that was not seen on the other videotapes.

Describes the evidentiary value of the new tape — better angles and new footage from the Rockingham crime scene.

Hank Goldberg

We provided the Defense with a beta copy of that tape, which apparently they have not viewed, because they don't have a beta tape player, so that is where we are.

Explains the logistical snag that forced the recess — a practical detail that captures the sometimes mundane mechanics of trial procedure.

Lance A. Ito

So we are going to have to sit and watch this for 25 minutes.

Ito's dry acknowledgment of the situation; he offers his own VHS player to move things along.

Evidence (1)

Informal

New videotape of events at Rockingham with embedded time counter, obtained from KABC, showing additional angles and one previously unseen event

disclosed to defense, pending review before admission

Notable Exchanges (1)

Lance A. Ito•Barry Scheck

Scheck requests time to view the tape in chambers before any foundational issues are addressed; Ito agrees and offers his VHS player for the review.

cooperative

Light Moments (1)

Hank Goldberg

The defense couldn't view the prosecution's beta tape because they don't own a beta tape player — a mundane logistical failure that halted proceedings.

Objections

None recorded

Proceeding 5717 • 16 utterances

Criminal Trial

Department 103