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State v. Hamilton4/12/2002
2001), 92 Ohio St.3d 146, 156. In light of this holding, we do not feel that the photographs admitted in this case were particularly gruesome.
All of the autopsy photographs admitted into evidence, except for state's exhibits 14a and 14b, show a different angle or a different wound. Since they are from different angles to show the location of various gunshot wounds, they are not cumulative. Id. at 156. State's exhibits 14a and 14b are nearly identical, as both depict a gunshot wound in the victim's back. The only difference in these photographs is that exhibit 14a has a slender object inserted through the wound that is depicted in exhibit 14b. Although these pictures are somewhat cumulative, the addition of the object in the wound could have aided the trier of fact in determining the likely path of the bullet that caused this injury. Therefore, the probative value to the trier of fact outweighed the prejudice of showing the nearly identical photographs.
Appellant argues he did not dispute that gunshot wounds caused the death of the victim, but only disputed that he caused these wounds. However, " he fact that appellant stipulated the cause of death does not automatically render the photographs inadmissible." State v. Maurer, 15 Ohio St.3d at 265.
These pictures had a great deal of probative value. There were numerous people who testified that the gun was positioned under the victim's hand, in an apparent attempt to make the situation appear to be a suicide rather than a homicide. The state had the burden to show that the incident was a homicide. The pictures could have assisted the trier of fact in determining this issue. In this case, as in any murder case, pictures of the victim have a prejudicial effect on the accused. However, the trial court did not abuse its discretion in admitting these photographs, as the probative value outweighed the prejudicial effect.
Appellant's sixth assignment of error is overruled.
The seventh assignment of error appellant raises is:
"The trial court committed plain error by interrogating a witness in a manner which suggested bias, prejudice, or prodding the witness to elicit partisan testimony."
Appellant argues that the trial court committed plain error when it questioned Sgt. Gerald Lynch. Appellant claims that the court was not impartial and that he was biased by this line of questioning to Sgt. Lynch.
Evid.R. 614(B) allows a trial court to question witnesses, and states " he court may interrogate witnesses, in an impartial manner, whether called by itself or by a party." "The right to question witnesses pursuant to Evid.R. 614(B) rests within the sound discretion of the trial court." State v. Williams (Dec. 24, 1998), Trumbull App. No. 97-T-0148, unreported, 1998 Ohio App. LEXIS 6299, at *22, citing State v. Prokos (1993), 91 Ohio App.3d 39, 44.
This court has previously addressed the trial court's role in questioning witnesses during a trial:
"`Evid.R. 614(B) permits a trial judge to interrogate a witness as long as the questions are relevant and do not suggest a bias for one side or the other. * Absent a showing of bias, prejudice, or prodding of the witness to elicit partisan testimony, it is presumed that the trial court interrogated the witness in an impartial manner in an attempt to ascertain a material fact or develop the truth. * A trial court's interrogation of a witness is not deemed partial for purposes of Evid.R. 614(B) merely because the evidence elicited during the questioning is potentially damaging to the defendant.'" (Emphasis in original and internal citations omitted.) Mentor v. Brancatelli (Dec. 5, 1997) Lake App. No. 97-L-0
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