In State v. Dale, No. 99,781, Dale robbed a flower shop using a gun and then attempted to flee on foot. His flight ended when he traded fire with the police, as he was shot, injured, and subsequently arrested.

At trial the State admitted two DVDs with video of the incident taken from a patrol car. One portrayed the events at regular speed, the other portrayed them in slow motion. The district court overruled Dale’s objection that the slow motion video was cumulative and violated the best evidence rule. Dale was ultimately convicted of attempted first degree murder, agg robbery, and three counts of agg assault.

The best evidence rule provides: “As tending to prove the content of a writing, no evidence other than the writing itself is admissible.” K.S.A. 60-467(a). Videos qualify as a “writing.”

The Supreme Court found that the introduction of the slow motion DVD did not violate the Kansas best evidence rule because it was not introduced to prove the content of a writing (i.e. the video) because the best evidence (the original speed video) had already been admitted. The Court also found that the slow motion video was not cumulative because it enabled the jury to carefully review the actual sequence of events and shots fired. Also, it corroborated the testimony of one of the officers with whom Dale had traded fire.

This holding may be limited to cases where video evidence captures lots of significant action in a small moment. The Supreme Court noted that the Court of Appeals affirmed the trial court’s admission of the video because it helped jurors “determine the actual sequence of events as they occurred over a very short space of time.” Furthermore, the Court purported in its Syllabus to limit its holdings to “the facts of this case.”

It’s important to have an attorney who understands the rules of evidence. A jury should only use the most reliable evidence to make its decision. If you or a loved one is facing criminal charges, contact an experienced attorney at Bell Folsom, P.A today.