Darden uses photographs of the Rockingham garage interior to refresh Lange's recollection about items stacked in front of a side garage door. The examination is largely procedural, with Cochran successfully objecting to leading questions and then requesting voir dire on the photographs' date before they can be shown to the jury.
# 3 Q: DETECTIVE LANGE, I WOULD LIKE TO SHOW YOU A PHOTOGRAPH AND SEE IF THIS WILL REFRESH YOUR RECOLLECTION REGARDING THE --
# 4 MR. COCHRAN: MAY I APPROACH, YOUR HONOR?
# 6 MR. DARDEN: FOR THE RECORD, THIS IS PHOTOGRAPH 148. HE'S LOOKING AT PHOTOGRAPHS 146 AND 147 AS WELL, YOUR HONOR. THESE ARE PHOTOGRAPH NUMBERS AND NOT EVIDENCE ITEM NUMBERS.
# 7 DET. TOM LANGE: YES. IT APPEARS TO BE THE INSIDE OF THE ROCKINGHAM GARAGE AND THERE IS THE DOOR PICTURED THERE, BUT I DO NOT RECALL PHYSICALLY CHECKING IT.
# 8 Q: BY MR. DARDEN: PHYSICALLY CHECKING WHAT?
# 10 Q: DID YOU GO INSIDE THE GARAGE?
# 12 Q: DID YOU SEE ANYTHING IN FRONT OF THE SIDE GARAGE DOOR?
# 13 MR. COCHRAN: OBJECT TO THE FORM OF THAT QUESTION. LEADING AND SUGGESTIVE.
# 14 THE COURT: OVERRULED.
# 15 DET. TOM LANGE: THERE WAS QUITE A BIT OF ITEMS STACKED IN THERE, YES.
KEY QUOTE # 16 Q: BY MR. DARDEN: OKAY. THE SAME ITEMS DEPICTED IN PHOTOGRAPH 148?
# 17 MR. COCHRAN: OBJECT TO THAT QUESTION AS LEADING AND SUGGESTIVE, YOUR HONOR.
# 18 THE COURT: SUSTAINED. REPHRASE THE QUESTION, PLEASE.
# 19 Q: BY MR. DARDEN: THE ITEMS THAT YOU JUST DESCRIBED, DO YOU SEE THOSE PHOTO -- THOSE ITEMS DEPICTED IN ANY OF THE THREE PHOTOGRAPHS I JUST SHOWED YOU TO REFRESH YOUR RECOLLECTION?
# 20 A: THERE ARE SEVERAL ITEMS THERE. THAT IS MY RECOLLECTION. AS TO THE SPECIFIC ITEMS, I DON'T RECALL, BUT I DO RECALL IT BEING SIMILAR TO THAT PHOTOGRAPH AT THAT DATE, YES.
# 21 MR. DARDEN: MAY I MARK PHOTOGRAPH NUMBER 148 PEOPLE'S NEXT IN ORDER?
# 22 THE COURT: 128. (PEO'S 128 FOR ID = PHOTOGRAPH)
# 23 MR. DARDEN: AND MAY I PLACE THAT PHOTOGRAPH ON THE ELMO?
# 25 MR. COCHRAN: YOUR HONOR, BEFORE HE DOES THAT, MAY I SEE THE PHOTO?
# 26 THE COURT: IT'S HIS -- THAT'S TRUE. THAT'S TRUE. HIS CLIENT NEEDS TO SEE IT.
# 27 MR. COCHRAN: TOO BAD I COULDN'T BRING HIM OVER THERE WITH ME.
KEY QUOTE # 28 (DISCUSSION HELD OFF THE RECORD BETWEEN THE DEPUTY DISTRICT ATTORNEY AND DEFENSE COUNSEL.) # 29 THE COURT: JUST SO THE LADIES AND GENTLEMEN OF THE JURY KNOW, IT'S JUST A COMMON COURTESY TO SHOW THE EXHIBITS TO OPPOSING COUNSEL BEFORE YOU SHOW IT TO THE WITNESS OR JURY SO EVERYONE KNOWS WHAT WE ARE TALKING ABOUT.
# 30 MR. COCHRAN: YOUR HONOR, THERE'S A QUESTION REGARDING THE DATE OF THESE PHOTOGRAPHS. MAY WE APPROACH ON THE RECORD FOR A MOMENT?
# 31 THE COURT: YOU WANT TO TAKE THE WITNESS ON VOIR DIRE AS TO THAT PHOTOGRAPH?
# 32 MR. COCHRAN: YES, I WOULD LIKE TO, IF I MIGHT.