Outside the jury's presence, the court conducted a foundation hearing for a newly marked videotape (People's 607) showing the January 6, 1991 Bengals-Oilers playoff game. Renken confirmed he was present when the video was shot and that it depicted the same game during which he took photographs (606-A through J) discussed in his prior testimony. After brief voir dire by defense attorney Blasier — who notably misidentified the teams as 'Kansas City, Buffalo' — Judge Ito found sufficient foundation and asked that the jurors return.
# 1 (The following proceedings were held in open court, in the presence of the jury:) # 2 THE COURT: All right. Ladies and gentlemen, there's something I need to take a look at out of your presence. Let me ask you to just step back in the jury room. We'll call you out in probably five or 10 minutes. And, Mr. Renken, just stay down.
# 3 (The following proceedings were held in open court, out of the presence of the jury:) # 4 THE COURT: Let the record reflect all the jurors have withdrawn from the courtroom, and Mr. Bill Renken is still on the witness stand. Miss Clark, you indicated that you had a videotape--
# 5 MS. CLARK: Yes, your Honor.
# 6 THE COURT: --that you were going to play for Mr. Renken to see if he can identify what's on the videotape?
# 8 THE COURT: All right. And how long is this videotape?
# 9 MS. CLARK: How long is the videotape?
# 10 MR. FAIRTLOUGH: It's probably about 7,000, 8,000 frames. So about--
# 11 THE COURT: That tells me a lot.
# 12 MR. FAIRTLOUGH: It's about four minutes.
# 13 THE COURT: Okay. 2,000 a minute? Okay. All right. We'll mark the videotape then Prosecution next in order, 607.
# 14 (Peo's 607 for id = videotape) # 15 THE COURT: All right. Let's see the videotape. Mr. Fairtlough.
# 16 (At 2:28 P.M., People's exhibit 607, a videotape, was played.) # 17 (At 2:32 P.M., the playing of the videotape concluded.) # 18 THE COURT: All right. Miss Clark.
# 19 MS. CLARK: Thank you.
Bill Renken (402), called as a witness by the People, pursuant to evidence code section 402, having been previously sworn, testified as follows:
DIRECT EXAMINATION BY Ms. CLARK
# 20 MS. CLARK: Mr. Renken, do you recognize the videotape that is shown in this segment, sir?
# 21 MR. RENKEN: Yes, I do.
# 22 MS. CLARK: And can you tell us if you were present when the film was being shot?
# 23 MR. RENKEN: Yes, I was.
# 24 MS. CLARK: With relation to the photographs that you've testified to previously, 606-A through J, were these photographs taken during the game depicted in that videotape?
# 25 MR. RENKEN: Yes, they were.
# 26 MS. CLARK: And do you recognize the videotape shown as being the game you were present at on January 6th, 1991 when you took the photographs you've already testified to, sir?
# 27 MR. RENKEN: Yes, I do.
# 28 THE COURT: Mr. Blasier, any voir dire as to this issue?
# 29 MR. BLASIER: May I have a minute, your Honor?
# 30 (Discussion held off the record between Defense counsel.) # 31 MR. BLASIER: Mr. Renken, have you ever seen this video before today?
# 32 MR. RENKEN: No, I haven't.
# 33 MR. BLASIER: Had you ever told you were going to be shown a videotape?
# 34 MS. CLARK: Objection. What's the relevance, your Honor?
# 35 THE COURT: Overruled.
# 36 MR. RENKEN: No, I haven't.
# 37 MR. BLASIER: Now, was this video being taken while you were taking your pictures?
# 38 MR. RENKEN: Uh-huh. Yes, sir.
# 39 MR. BLASIER: And how do you know that?
# 40 MR. RENKEN: How do I know?
# 42 MR. RENKEN: Because I was there.
# 43 MR. BLASIER: Well, but--but how did you know this was the Kansas City, Buffalo game that you were at?
# 44 MR. RENKEN: Excuse me. That was the Bengals, Oilers game.
KEY QUOTE # 45 MR. BLASIER: All right. Bengals, Oilers.
# 46 MR. RENKEN: Excuse me?
# 47 MR. BLASIER: How did you know that was the game you were taking pictures at?
# 48 MR. RENKEN: I was present.
# 49 MR. BLASIER: How do you know that--
# 50 MR. RENKEN: The videotape?
# 52 MR. RENKEN: By the--well, for example, there were Bengal players running behind the Defendant during the interview.
KEY QUOTE # 53 MR. BLASIER: No. I'm asking how, do you know it was the same game you were at versus some other Bengals versus Houston game?
# 54 MR. RENKEN: Because it was a play-off game and the weather conditions.
# 55 MR. BLASIER: And what tells you about it on this video that this is a play-off game?
# 56 MR. RENKEN: Because of the nature of what the Defendant's wearing, the total atmosphere of the video.
# 57 MR. BLASIER: The atmosphere. What do you mean by the atmosphere?
# 58 MR. RENKEN: People behind it. The weather conditions.
# 59 MR. BLASIER: That's all the questions I have.
# 60 THE COURT: All right. Counsel, I think there's a sufficient foundation at this point. It appears to be the same game. The post-game interviews with the coach and the quarterback appear to be the same individuals that appear to be positioned in the same manner, appears to be the same point in time as a post game. It appears to be a video at the same time as these photographs were taken. So I think there's a sufficient foundation for the videotape. All right. Let's have the jurors again, please. And, Miss Clark, we'll go to 3:00 o'clock.
# 62 THE COURT: Do you have another witness available after Mr. Renken?
# 63 MS. CLARK: Oh, yes, your Honor. We have several.