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People v. Mayfield1/2/1997
ight, and because it was made almost 18 months after the relevant events. But the videotape was admitted only to show the height and location of walls and fences and what could be seen by looking over them at certain locations. For these limited purposes, the lighting was irrelevant, and the prosecution elicited testimony that the walls and fences had not changed since the events in question. Moreover, the jury could determine this by comparing the videotape to photographs taken within hours or a few days after those events. Accordingly, the videotape was sufficiently authenticated.
Defendant also argues that the videotape should have been excluded as an inaccurate reconstruction of events on the night of March 3, 1986. But the videotape did not purport to be, nor was it offered as, a reconstruction of events. Rather, it was offered to establish the height and location of walls and fences and what could be seen from them at certain locations. As we explained, the prosecution offered evidence sufficient to establish the accuracy of the videotape for these purposes. Moreover, even if we assume that the videotape gave a distorted impression of what it purported to show, defendant could not have been prejudiced because the trial court granted the defense request for a jury view. At the jury view, the jurors could see for themselves the very objects and views depicted in the videotape.
3. Prosecutor's Appearance in Video
Defendant argues that by appearing in the video the prosecutor effectively became a witness at the trial, but one who was not subject to cross-examination, thereby depriving defendant of his federal constitutional rights of confrontation and due process of law.
We remain unpersuaded. The video was played to the jury without any audio component. The prosecutor appeared in the video merely to provide a sense of scale for the walls and fences. He did not function as a witness. Although prosecutors should generally avoid appearing in such demonstrations, we conclude here that the prosecutor's appearance in the video did not deny defendant his right to confront the witnesses against him or his right to due process of law.
4. Probative Value Compared to Risk of Undue Prejudice
Defendant contends that the trial court erred in concluding, under Evidence Code section 352, that the videotape's probative value outweighed the risk of undue prejudice to defendant. The trial court acknowledged that the issues that the videotape was intended to address were collateral to the issue of guilt or innocence of the charged offense, but the court concluded that the videotape bore directly on the credibility of defendant's testimony. Defendant argues, in essence, that defendant's credibility as to collateral issues was not of sufficient importance to warrant admission of the evidence.
To determine the credibility of a witness, the trier of fact may consider, among other things, " he existence or nonexistence of any fact testified to by" the witness. (Evid. Code, § 780, subd. (i).) Although it is improper to elicit otherwise irrelevant testimony on cross-examination merely for the purpose of contradicting it ( People v. Lavergne (1971) 4 Cal. 3d 735, 744 [94 Cal. Rptr. 405, 484 P.2d 77]), the trial court has discretion to admit or exclude evidence offered for impeachment on a collateral matter ( People v. Douglas (1990) 50 Cal. 3d 468, 509 [268 Cal. Rptr. 126, 788 P.2d 640]; People v. Lang (1989) 49 Cal. 3d 991, 1017 [264 Cal. Rptr. 386, 782 P.2d 627]; People v. Thompson (1988) 45 Cal. 3d 86, 110 [246 Cal. Rptr. 245, 753 P.2d 37]).
Here, the trial court did not abuse its discretion in permitting the impeachment. Defendant's
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