Arrest photographs of the defendant getting out of the boat; Clarke described about seven Mass. State Police photographs supplied in discovery and said one was already admitted. The government insisted on a foundation witness for the remaining photographs.

The court described the photographs as showing the defendant getting out of the boat, and Clarke said the series comprised about seven Massachusetts State Police photographs supplied in discovery, with one already admitted. Clarke said the defense had understood authentication was undisputed, while Weinreb denied waiving a foundation and sought testimony about timing, lighting and context. The court required a witness for the remaining photographs.