← All EvidenceProceduralAudio Overlay Allowed Subject to Foundation; Video Narration Limits
Video Evidence
Composite synchronizing the Forum video with a separate sound recording
Weinreb proffered that Gamble synchronized separate audio with the silent Forum video using the explosions and visible reactions. The defense questioned prejudice and the audio's provenance. The court permitted use only if the government could lay the foundation, without finding that foundation already established.
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The government proposed the composite to help jurors weigh the terrorism-related aggravating factor by conveying the event's sound as well as its appearance; the defense disputed its probative value and prejudice.