Sidebar: videotape evidence foundation

📄 Sidebar: videotape evidence foundation — Monday, September 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\11\SIDEBAR-VIDEOTAPE-EVIDENCE-FOU.DOC

TRIAL

▲ Day 151 of 167

◀ Direct examination of Bill Renken (part 1) Direct examination of Bill Renken (part 2) ▶

Date: Monday, September 11, 1995 • Utterances: 18

At sidebar, Judge Ito questions why a videotape is necessary when photographs of higher quality already exist. Clark argues the video shows greater clarity and hand movement detail, and that the witness can help authenticate it by confirming he was present at the game. Blasier objects on foundation and cumulative grounds, ultimately prompting Ito to order the jury out to preview the tape before allowing it in.

# 1 (The following proceedings were held at the bench:)

# 2 THE COURT:

We're over at the sidebar. Miss Clark, isn't the resolution and quality of the photograph much higher than you are going to get off the videotape? Why do you need the videotape?

# 3 MS. CLARK:

No, it's not true, your Honor. I've seen the videotape. It shows much more clarity of detail. Yeah, you really can see a lot and the movement of the hand. The witness, our expert, had to use this video because it does show the palm bent. So no, the video clip is necessary. Plus, your Honor, let me indicate this. The witness was present and can help to authenticate that video. He was watching the game, pre-game, half time, postgame, and he can tell us that this is the game from which he took the photographs.

# 4 MR. BLASIER:

I'm going to object, lack of foundation, cumulative. We've got how many? We've got 14, 15 pictures already and this is only the second witness.

# 5 MS. CLARK:

Your Honor, this witness--

# 6 THE COURT:

Hold on. Let me listen to Mr. Blasier.

# 7 MR. BLASIER:

I object. We're not stipulating to a foundation. I think they should show foundation first.

KEY QUOTE

# 8 MS. CLARK:

There's no foundation issue. We're going to have a representative here, but he can help to lay that foundation by indicating to the jury this is what he saw, he was present, this is the game during which he took his photographs and this is what he saw.

# 9 THE COURT:

Have you shown this video to Mr. Renken?

# 10 MS. CLARK:

I don't know if they have or not. Want me to find out?

# 11 MR. BLASIER:

I think we need to preview it. We have some clips, but--

# 12 MS. CLARK:

He was obviously there.

# 13 THE COURT:

Let me have the jurors step out. If you can make the representation to me based on what he saw, he can say this is the game he was at and, "Those are the things that I photographed," that's one thing. But without that foundation--and if you are not certain, we'll have the jury step out and we'll preview the tape and see.

KEY QUOTE

# 14 MS. CLARK:

All right.

# 15 MR. COCHRAN:

While we are here, can we find out who the other witnesses are?

# 16 THE COURT:

I assume more photographers.

# 17 MS. CLARK:

Yeah.

# 18 THE COURT:

All right.

Temperature

procedural

Key Quotes (4)

Lance A. Ito

Miss Clark, isn't the resolution and quality of the photograph much higher than you are going to get off the videotape? Why do you need the videotape?

Judge proactively challenges the prosecution's evidence strategy before the jury can see it, signaling skepticism about cumulative evidence.

Marcia Clark

The witness, our expert, had to use this video because it does show the palm bent.

Reveals the specific evidentiary purpose — the video captures glove-fit detail that still photographs cannot.

Robert Blasier

I object. We're not stipulating to a foundation. I think they should show foundation first.

Defense insists on a formal foundation showing before jury exposure, a standard but tactically useful delay.

Lance A. Ito

Let me have the jurors step out. If you can make the representation to me based on what he saw, he can say this is the game he was at and, 'Those are the things that I photographed,' that's one thing. But without that foundation--

Judge sides with the defense's procedural concern and orders a jury-out preview, protecting against improperly admitted evidence.

Evidence (2)

Informal

Videotape clip from a football game (pre-game, half time, or postgame) showing hand/palm movement

challenged on foundation grounds; jury-out preview ordered

Informal

14-15 photographs already admitted through prior witness(es)

referenced by Blasier as basis for cumulative objection

Notable Exchanges (2)

Lance A. Ito•Marcia Clark•Robert Blasier

Judge questions the necessity of the videotape; Blasier piles on with foundation and cumulative objections; Clark defends both the video's unique value and the witness's ability to authenticate it.

strategic

Johnnie Cochran•Lance A. Ito

Cochran uses the sidebar opportunistically to ask who the remaining witnesses are; Ito guesses photographers.

routine

Light Moments (1)

Johnnie Cochran

Cochran casually uses the sidebar to fish for witness information: 'While we are here, can we find out who the other witnesses are?'

Objections

2 objections (1 sustained, 0 overruled)

Proceeding 7592 • 18 utterances

Criminal Trial

Department 103