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KENYON v. STATE6/4/1997
s victim Steven Seitz, still strapped in the driver's seat, and also shows the damage to the car. The second and third photograph demonstrate the speed at which the collision occurred and the impact of the cars. See Prunty v. State, 271 Ark. 77, 607 S.W.2d 374 (1980).
Whether to admit photographs into evidence is a matter left to the sound discretion of the trial judge, and his determination will not be reversed absent a clear abuse of that discretion. Morris v. State, 302 Ark. 532, 792 S.W.2d 288 (1990). Photographs may be admissible even if they are cumulative to other evidence presented. Id. Even inflammatory photographs are admissible if they shed light on an issue, help a witness to better describe what is portrayed, or enable the jury to understand the testimony. Id. Rather than routinely accepting, carte blanche, graphic and repetitive photographs, the trial court should weigh the probative value of photographs against their prejudicial nature. Berry v. State, 290 Ark. 223, 718 S.W.2d 447 (1986).
In the present case, the trial court did not give carte blanche acceptance to the photographs. Rather, the court considered the photographs and excluded all but three. The witness testifying as to the three photographs in issue stated that the photographs would help him to describe the victims' injuries and how they died. He testified that the photographs helped show the severity of the collision. The witness testified that the photographs would much better depict the nature of the victims' deaths than he could describe. The trial court did not abuse its discretion in admitting the photographs.
As his third point for reversal, appellant argues that the judgment should be reversed because the trial court denied his motion for a mistrial. His motion was based on the fact that spectators who were sitting near the front of the courtroom were wearing badges with the photograph of one of the victims on them. According to appellant's attorney's statement to the trial court,
these people were coming and going often. It is appellant's position that these individuals prejudiced the jury.
After the selection of eight jurors and during the noon recess before finishing voir dire, appellant's attorney addressed the trial court, stating that it was brought to his attention during the middle of his voir dire that there were people in the front row of the audience who were wearing badges with a picture of one of the victims on them. From the discussion of the lawyers and the judge, it appears that the badges were approximately four inches in diameter, but contained writing as well as the photograph, so that the photograph was about the size of a driver's license picture. Appellant's attorney asserted that the people with the badges had continually walked back and forth in the courtroom and periodically left and come back, thus drawing attention to themselves and their grief. Appellant's attorney stated that this was very prejudicial and requested a mistrial. The trial court denied the motion for mistrial, stating that appellant had had no objection to the trial court deferring action until the first break. The trial court noted that the prosecutor had advised the people during lunch to take the badges off. The trial court also noted that it had seen only two people get up and leave from the front row. The court did not think that the jury had been prejudiced, but stated that appellant's attorney could inquire of the panel to determine if they had been. The abstract does not contain any questioning of the jury panel by appellant's attorney as to this matter.
[6, 7] The granting of a mistrial is a drastic remedy. Johnson v. State, 325 Ark. 197, 926 S.W.2d 837 (1
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