Question

A television evangelist was charged in federal court with mail and wire fraud arising from deceptive fundraising. In the prosecutor's case-in-chief, a federal agent testified that he had watched 200 hours of the evangelist's television programs and edited those 200 hours into five hours of tape. The agent testified that the edited footage was an accurate representation of the evangelist's television fundraising. The agent also offered a tape of the full 200 hours of video if needed by the court. The evangelist objected, arguing that the edited tapes violated the best evidence rule. The evangelist insisted that programs themselves, rather than an edited version of the programs, must be admitted into evidence. How should the court rule on the motion?

Answer 1

The court may accept the edited footage as evidence if it is a true and accurate representation of the 200 hours of original material, but the full tapes should also be available for reference or submission if needed.

Step-by-step explanation:

In the case presented where a television evangelist objected to the edited tapes being used as evidence, citing the best evidence rule, the court should consider the reliability and completeness of the edited footage versus the entirety of the original material. The best evidence rule requires that the original source of evidence be produced when the contents of that source are being called into question. However, if the edited tapes presented by the federal agent are indeed a true and accurate representation of the overall content of the 200 hours of footage, and not misleading or taken out of context, the court could rule that showing the edited tapes is sufficient. The court could also allow the full tapes to be available for reference or to be submitted into evidence if the authenticity or representativeness of the edited tapes is contested during the trial.