Nali87
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- Jun 3, 2011
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If it were the court video, and the lawyers had an opportunity to view and order edits of it prior to trial, and the judge had an opportunity to rule on objections to any misleading edits, then yes.
If it's a media video, then IMO the lawyers ought to stipulate to foundation just to avoid forcing the jury to watch the horrible court video, and/or the judge could rule there were sufficient indicia of reliability to allow it at the mitigation stage. But the lawyers would still need the opportunity to view, edit, object to misleading edits, etc.
I guarantee you that the videos used at the main trial phase were supported by proper foundation and that the defense had seen them, filed objections, and had the objections ruled upon prior to trial.
Can JM re-introduce the video if Nurmi gets a chance to review it?