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Floudiotis v. State4/6/1999
er. Similarly, the identification of Eaton by the State's witnesses was central to the State's theory of motive and conspiracy.
This highlights the precarious role of the trial Judge in handling much of the evidence in this case, which contains references to beliefs allegedly espoused by the defendants that are highly offensive to reasonable persons. A trial court must exclude evidence that has a high degree of unfair prejudice that outweighs its probative value. Equally important, a defendant must not always be permitted to use this evidentiary shield as a weapon to hamper the State's ability to prove its case when the relevance outweighs the prejudice.
Because we find reversible error elsewhere, we need not decide whether these rulings constituted reversible error. In a re-trial, however, the trial court will need to balance carefully the competing prejudicial and probative values of these items of evidence, if offered, in the context then presented to the court to determine whether the D.R.E. 403 balancing test renders them admissible or inadmissible, and to make a proper record to support the ruling.
Sufficient Foundation for Photographic Evidence Offered by Defendants
Eaton and Carr challenge the Superior Court's ruling excluding nighttime photographs offered by them of the Deer Park parking lot. They contend that the defense satisfied the foundational requirements for their admission through the testimony of Corporal Poley that they were a "pretty accurate depiction."
The Superior Court ruled the photographs inadmissible unless the photographer was available for cross-examination. The State concedes that the photographer is not necessary in order to lay a proper foundation for the admission of photographs, but argues nonetheless that the defendants did not lay a proper foundation and that the photographs were cumulative due to prior witness testimony about the area where the assault occurred.
We review a trial court's decision on the admissibility of evidence for abuse of discretion. The photographs were relevant to the testimony of the eyewitnesses and not cumulative. None of the admitted photographs of the parking lot demonstrated the area under nighttime conditions. Officer Poley's testimony that the photographs were a "pretty accurate depiction" of the parking lot was sufficient to support a finding that they were what they were purported to be, thereby satisfying the authenticity requirement. Since the probative value of the photographs outweighed any prejudicial effect, we find that the Superior Court abused its discretion in denying the admission of the nighttime photographs. We need not decide, however, if the exclusion of this evidence was harmless error. At any retrial at which the photographs are offered, we assume they will be admitted into evidence.
Testimony Concerning Witness' Current Employment
At trial, Carr's counsel asked Fecak to disclose his current place of employment. Carr argues that he asked the question concerning current employment to determine if Fecak still worked at the Deer Park. He contends that this information would have enabled him (and the jury) to explore whether Fecak had any interest in protecting the Deer Park from any possible civil liability. The State objected, claiming that it was concerned for Fecak's safety and did not want any information concerning his current employment to be a part of the record. The trial court agreed with the State, but also allowed Carr to explore in other ways any possible bias. Carr chose not to ask these alternative questions of Fecak.
The issue here is whether the trial court should have permitted Carr to inquire whe
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