📄 Sidebar (2) — Tuesday, May 23, 1995
Address:
C:\DEPT103\CRIMINAL\1995\MAY\23\SIDEBAR-2-.DOC
TRIAL
▲ Day 80 of 167

Sidebar (2)

Date: Tuesday, May 23, 1995 • Utterances: 15
Prosecutor Harmon raised a mid-examination objection that defense attorney Blasier was using computer-scanned and digitally processed versions of photographs to confront a witness, arguing the computer enhancement had altered the original data. Judge Ito declined to rule immediately but ultimately told the prosecution to lay a foundation rather than excluding the exhibits.
1 (The following proceedings were held at the bench:)
2 THE COURT:

Okay. We are over at the side bar. Mr. Harmon, what is--

3 MR. HARMON:

Well, correct me if I am wrong. I am not a computer buff here, but what has happened is Blake has taken photos and those photos have been scanned into a computer and that is what we are projecting up there, and Miss Montgomery just pointed out on this, I guess the Blasier version of what that is, Mr. Fung--the computer is changing data and we are projecting things up there. I don't mind projecting the photo up there from the elmo, but we are--this thing--this stuff has been sieved through all these filters and those bands have nice ninety-degree angles on them and this is a function of the computer and it is not a function of the data that is there. So to force this witness and now this jury to show things that have been enhanced or fuzzed up by a computer, it is changing the data from which she--she made these readings, so I don't have any objection to the photos. But you look at that--at that last one, I don't know if it is 1176, those things look like nice ninety degree rectangles there and that is not what is on the original data and to--I mean, I guess I was asleep at the wheel when I didn't realize.

4 THE COURT:

Well, then that--all right. That exhibit has come and gone then. We will take it up later.

5 MR. HARMON:

We are on to another one here and I think that is very deceptive to use something that has been run through a computer to--to I don't want to use the term that comes to mind, but to confront a witness with something that is not what she saw and then have her--force her to pull out a copy. I don't think that is really fair and it is misleading and it is argumentative and it is time--

6 THE COURT:

All right. We will take this up later. We are not dealing with it now so it has come and gone.

7 MS. CLARK:

It is here again.

8 MR. HARMON:

It is back again.

9 MR. BLASIER:

I gave these to her at lunch and I also told her anytime she wants to pull out the original, that is fine, no problem, and we will pass the original and the photo to the jury. That is fine with me.

10 MR. HARMON:

That is neither here nor there. You see, he just said there is a difference. Why have we been sitting here all afternoon?

11 THE COURT:

Counsel, isn't it a little late for you to bring this up?

KEY QUOTE
12 MR. HARMON:

Judge, better late than never, second time this week, but you have to decide based on what we already know, not on how I screwed up last week.

KEY QUOTE
13 THE COURT:

Keep your voice down. So let's proceed.

14 MR. HARMON:

Sure.

15 THE COURT:

Lay a foundation.

Temperature

tense

Key Quotes (4)

Rockne Harmon
this stuff has been sieved through all these filters and those bands have nice ninety-degree angles on them and this is a function of the computer and it is not a function of the data that is there
Core objection: digital processing had artifically sharpened/altered the images, making them misleading as evidence
Rockne Harmon
Judge, better late than never, second time this week, but you have to decide based on what we already know, not on how I screwed up last week.
Harmon candidly admits he missed this issue earlier and is being criticized for raising it late
Lance A. Ito
Counsel, isn't it a little late for you to bring this up?
Judge signals skepticism about the timing of the prosecution's objection
Lance A. Ito
Lay a foundation.
Resolution: rather than excluding the exhibits, the judge requires the defense to establish proper foundation

Evidence (1)

1176 (approximate)
Photograph scanned into a computer and projected digitally, showing what Harmon describes as artificially sharp ninety-degree rectangular bands — a digital artifact not present in the original data
challenged by prosecution as misleading; defense directed to lay foundation

Notable Exchanges (2)

Rockne HarmonLance A. Ito
Harmon argues strenuously that using computer-altered images to confront the witness is misleading and argumentative; Ito pushes back on the late timing of the objection before ordering a foundation be laid
tense, mildly adversarial
Rockne HarmonRobert Blasier
Blasier reveals he gave the images to the witness at lunch and offered her access to originals at any time; Harmon responds 'that is neither here nor there' and asks why they spent the afternoon on this if the images differed from originals
pointed

Objections

1 objections (0 sustained, 0 overruled)
Proceeding 6152 • 15 utterances
Criminal Trial
Department 103
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📂 MAY 23, 1995 📄 Sidebar (2)
MAY 23, 1995 KRT DvH TD