Q: Is the prosecution required to provide at trial every person with access to video footage evidence?
My friend is being charged with breaking into a storage facility on camera. Not only did it take 3 weeks for the police to be given this video but there's proof that an individual not listed on the witness list was in control of the video prior to police getting a copy. Is the prosecution required to have everyone with access to the video for the defense to question at trial? What happens if they don't provide them and we have proof that they had access and control of it?
A: In Minnesota courts, the prosecution would not be required to call as a witness for examination at trial every person with access to video footage evidence. However, the defense could potentially subpoena those witnesses, to come testify. (Though that does not mean this would necessarily be a good idea). The prosecutor would, however, can be required to produce testimony in court that provides an adequate foundation for video or photographic exhibit, prior to the judge accepting that exhibit into evidence at the trial. Also, if the defense has reason to suspect video evidence before trial, they might have an expert look at it for signs of tampering.
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