[Locomotive Breath]

I'm an electrical engineer - I understand the metadata, I really do. It will not matter.

My older brother is a Federal Judge and I think about trying to explain this to him. There is no way he'd understand. The only thing that he'd understand is that if it could be changed it would not be an original document and therefore was inadmissible. At the very best you'd have dueling experts who would contradict each other and the judge is likely to go the traditional route and not admit the electronic photos. Even if the judge admitted the photos, a Durham jury inclined to convict would buy Mike Nifong's argument that the photos had been alterend and the jury would discount the photos.

When I did my little expert witness thing, I remember when the lawyer for our side was deposing the expert witness for the other side. I could not ask the other expert witness anything. I had to use our lawyer as my sock puppet. The other expert witness would answer and I had to tell our lawyer what to ask next. Our lawyer had absolutely no idea what the other expert witness was talking about but our lawyer had to do the questions. (To be fair to our lawyer, I had no idea of the legal implications of anything.)

We who hang out on the internet forget how the average person is completely baffled by the whole thing.

[luv2ski]

It seems to me that the defense could call a witness to testify that if the photos were altered it would be detectable and how it would be detectable (markers, inconsistencies, etc). I'm not an attorney but that certainly seems reasonable even for an unsophisticated jury/ judge.

[za_claws]

I think you are right, but I think those same jurors will look at the photo, and hear Nifong say, it was actually when she arrived, and then hear the defense say why does not have on a right shoe, and not believe anything Nifong will say about it.

Does anyone have a link to the video of Kim's interview?

[pepperhead]

At the very best you'd have dueling experts who would contradict each other and the judge is likely to go the traditional route and not admit the electronic photos.

Is there any stoplight cameras in North Carolina? If so they might be electronic photos that the court does allow. I don't see how a judge doesn't allow them.

[Protect the Bill of Rights]

I enjoy your posts about your older brother, the Federal Judge. It is fascinating for someone like me, a legal dummy, to get a teeny glimpse into the thought process of a Judge.

[Ken H]

From an earlier post: "Nifong listed nine expert witnesses he expects to testify for the prosecution: L.D. Milks, Timothy G. Suggs, Hope Copeland, Jennifer Leyn and Rachel Winn of the State Bureau of Investigation; Brian W. Meehan and R.W. Scales of DNA Securities in Burlington; and Tara Levicy and J. Manly of Duke University Hospital."

Is it likely that one of the SBI expert witnesses is a photography expert? If not, does that mean he will not have one?

[Krodg]

We who hang out on the internet forget how the average person is completely baffled by the whole thing.

Wow!! What a condescending post! Some FReepers are just average folks who want to follow a story. Sorry if we get in your way.

[js1138]

My older brother is a Federal Judge and I think about trying to explain this to him. There is no way he'd understand.

Any photo can be altered. Courts generally accept photographs based on testimony that they represent what they appear to represent. Any evidence can be tampered with -- audiotapes, videotapes, whatever. Photographs will be admitted on the same basis as any other evidence.