Replaying a videotaped statement which was admitted at trial during deliberations essentially “allow[s] a live witness to testify a second time in the jury room.” State v. Anderson, 2006 WI 77, P30, 291 Wis. 2d 673, 717 N.W.2d 74 (2006). Therefore, when the jury requests that a videotape be replayed it should be in open court to allow the judge to guide the jurors, with the assistance of counsel, so that no part of the recording is overemphasized relative to the testimony given from the witness stand. Id. at ¶ 30. “. . . [A]llowing the jury essentially unrestricted access to the victim's and defendant's videotaped statements creates the possibility for mischief and the jury placing undue emphasis upon certain evidence.” Magee v. Smith, (E.D. Wis., No. 09-C-750, Feb. 24, 2010).
For subscription based briefing and sample instructions on this and related issues see:
Forecite National™
25.9.6 - Video Recordings
276.4 - Replaying Recordings During Deliberations
284.1.16 - Readback: Replaying Of Video Or Audio Tapes
284.1.17 - Replaying Of Video Tape As Prejudicial
The Shellow Instructions
Tapes And Transcripts
Forecite California™
G VII(C)(43) - Right To Confrontation: Hearsay Testimony—Crawford Update
