Wednesday, June 4, 2008

Cuadra Omnibus Pre-Trial Motion: Motion in Limine-Photographs


10. Defendant incorporates by reference the allegations contained in Paragraphs 1-9, inclusive of this Motion as if same were fully set forth herein at length.

11. In connection with the polices’ investigation in this matter, numerous color and black and white photographs and videos have been taken of the victim, the crime scene and the autopsy.

12. Defense counsel is presently not aware of which particular photographs or videos the Commonwealth intends to introduce at trial.

13. Any and all color and black and white photographs and videos of the victim, the autopsy and the crime scene should be suppressed on the grounds that (a) said photographs and/or videos are inflammatory and their evidentiary value is far outweighed by their prejudicial effect; (b) said videos and photographs will inflame the passions and prejudice the jury, and (c) said photographs are cumulative and unnecessary.

WHEREFORE, the Defendant, Harlow Cuadra, respectfully requests this Honorable Court to enter an Order suppressing any and all photographs and videos of the crime scene, the autopsy and the victim.