Contention in the courtroom: a request to submit a video into evidence leads to debate

FRESNO, Calif. (KFSN) -- David Hernandez sits successful tribunal this week arsenic prosecutors effort to person a justice determination is capable grounds to instrumentality him to trial.

The 45-year-old is charged with the August 16, 2021 execution of Sarah Hamm astatine her flat successful Northeast Fresno, arsenic good arsenic an equipped robbery and carjacking astatine a adjacent buying halfway connected the aforesaid day.

One portion of grounds the prosecution hoped to taxable led to a heated argument.

The grounds successful question is simply a compilation of information videos from a Smoke Shop astatine a buying halfway connected Champlain and Perrin.

Fresno Police said that is wherever Hernandez robbed a clerk astatine gunpoint, attempted to carjack a antheral who drove off, and successfully carjacked idiosyncratic else.

The prosecution says the video's contented was not altered, but that videos from respective antithetic cameras successful the store were spliced unneurotic to make a wide representation of what happened wrong the business.

However, constabulary did overlay pictures of grounds collected from the country and astatine slightest 1 different determination astatine points wherever they accidental it tin beryllium seen successful the video.

Defense Attorney Craig Collins objected, calling the summation of the photos successful the video leading, and arguing they screen parts of the video.

"By the clip you get to the 3rd oregon 4th representation oregon whatever, you can't assistance beryllium suggested that 'oh, it each fits there'," said Collins.

"Because it does," said Kaitlin Drake, Prosecution.

"Ms. Drake, stop," said Hon. Francine Zepeda, Fresno County Superior Court.

Deputy District Attorney Katilin Drake argued that the justice tin find if the images lucifer what is shown successful the video.

For 10 minutes, the 3 went backmost and distant successful an progressively heated debate.

"I don't person different transcript without the photographs," stated Drake.

"I spot that," said Zepeda.

"If we privation the champion evidence, the champion grounds is grounds fig 1 which happens to incorporate different photographs that are each going to beryllium admitted into grounds done each of the witnesses," said Drake.

"Your grant she's arguing that she made this video," said Craig.

"I didn't marque the video," said Drake.

"Okay, okay," said Zepeda.

Ultimately the justice decided the images were starring and she would lone let the video if the pictures were removed.

Instead of playing the video, the serviceman who edited it was asked to picture what helium had seen successful the surveillance video and his process of connecting the grounds recovered astatine different locations.

If convicted connected each charges, Hernandez faces 50 years to beingness successful situation for the execution and an further 29 years for the carjacking, equipped robbery, and attempted carjacking.

Hernandez volition beryllium held to reply connected each charges. He volition beryllium arranged connected the accusation connected March 5, 2024.

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