Defense argues one of the photos of Trump and Keith Schiller is inadmissible

One of the photos prosecutors want to introduce as evidence is pulled from the C-SPAN archives of a rally from October 24, 2016.

Trump attorney Todd Blanche argues the photo is inadmissible as evidence because prosecutors did not follow the rules of evidence by issuing a subpoena to C-SPAN as prosecutors did for the other material earlier in the trial.

Prosecutor Joshua Steinglass says that the photo shows that Trump's former bodyguard Keith Schiller and Trump walked off the stage together at 7:57 pm, ahead of the 8:02 pm phone call in question.

"Who knows what they’re going to say in their summation. We’re entitled to establish and I realize it's not wholly responsive to … what happened on that phone call," Steinglass said.

Blanche said that the C-SPAN record custodian didn't authenticate information on the website, only what was in the archive and said a paralegal from the DA's office cannot properly authenticate the photos in testifying that they found the photos on the website.

"It seems neither here nor there because we all have Google but the rules of evidence still applies," Blanche said. "They should've brought the witness back," he added, suggesting that the prosecutors knew they were likely to introduce these photos into evidence.

Steinglass said it's an exercise in futility to question the C-SPAN custodian again but says they could fly him out for two questions to lay the proper foundation to admit the exhibits.

No comments:

Powered by Blogger.