← All EvidenceProceduralLockup Photograph Allowed in Opening; Discovery Objections
Photographs
Enlarged still photograph of the defendant making a gesture in his lockup
The enlarged photograph was a still from a longer lockup video showing Tsarnaev making a gesture whose meaning the defense disputed. The defense sought exclusion or, alternatively, a bar on using the enlargement in opening. The court found it admissible, permitted its use in opening, and allowed the video to provide context, without a formal exhibit admission recorded in the exchange.
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The prosecution argued that the still was probative of Tsarnaev's state of mind, while the defense disputed the gesture's meaning and argued that isolating it would mislead and inflame the jury.