In a trial for bank robbery, a teller has identified the defendant as the robber. Defense counsel offers into evidence a still frame from a video taken by the bank security camera the day after the robbery to show that a column obstructed that teller's view of the defendant.Is such evidence admissible?A Yes, upon testimony by the camera operator that the still frame was developed from film that was taken from that camera the day after the robbery.B Yes, upon testimony by a bank employee that the photo accurately portrays the scene of the crime.C No, not admissible into evidence but usable by a witness for explanatory purposes.D No, if a still frame can be obtained from a video taken at the time of the robbery.

The testimony by the bank employee that the photo accurately portrays the scene of the crime is only required because the photo is only being used as “demonstrative evidence,” and demonstrative evidence only needs to be authenticated to be admissible. Evidence is “authenticated” if there is testimony asserting that the evidence is what the proponent claims it to be.

Number 1 is not necessary because the photo is not being used as original evidence that played an actual role in the robbery itself; for example, a gun used by the robber, which would require a “chain of custody” type of authentication to be admissible.