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State v. Farner12/11/2001
speed of these vehicles prior to impact.
Given that the computer animated visualization is based upon inaccurate and incomplete information, we conclude that the trial court erred in admitting it at trial. We also note that the animation depicted the accident a total of fifteen times at various speeds. While we set no limit on how many times a visualization may depict an event, we emphasize that trial judges must carefully monitor such evidence and prevent cumulative presentation if it poses a substantial risk of unfairly prejudicing the defendant. See Tenn. R. Evid. 403 and Tenn. R. Evid. 611. As previously stated, animations generally have a substantial impact upon jurors, and that impact is no doubt increased where jurors are allowed to view the animated visualization not once or twice, but fifteen separate times.
For all these reasons, we conclude that the trial court erred in admitting the computer animated visualization. We emphasize, however, that the State may again seek admission of the computer animated visualization at the new trial. Of course, as a prerequisite to admissibility, the State must establish that the animation has been corrected to fairly and accurately illustrate and explain the testimony of Officer Farmer. The trial court should be guided by the principles discussed in this opinion when deciding whether to permit the introduction of the computer animated visualization. We commend the trial court for clearly instructing the jury that the animation is not itself evidence and was offered only to illustrate the testimony of the expert witness. Such an instruction is appropriate whenever computer animation evidence is admitted.
Conclusion
For the reasons stated herein, the defendant's convictions for criminally negligent homicide are vacated and the case remanded for a new trial on these charges. At the new trial, Officer Farmer may testify as an expert so long as the trial court is satisfied that Officer Farmer's opinions are based on relevant scientific methods, processes, and data, and not upon mere speculation. However, the computer animated visualization of the accident is not admissible unless the State first establishes that it has been corrected to accurately and fairly illustrate Officer Farmer's testimony. The trial court's decision on admissibility shall be guided by the principles discussed herein. The defendant's convictions for reckless endangerment with a deadly weapon, drag racing, and leaving the scene of an accident involving injury or death are affirmed. Costs of this appeal are taxed to the State of Tennessee, for which execution may issue if necessary.
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