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IN THE CIRCUIT COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF ) )) V. ) NO. )) NAME OF DEFENDANT ) )) DEFENDANT'S MOTION TO SUPPRESS PICTURES OF__________________ DEFENDANT moves the Court to suppress the pictures of __________ and shows: 1. That unless stopped from doing so by order of this Court, the prosecution will attempt to offer into evidence at the trial of this case certain pictures taken of the victim, __________, shortly after she was kicked. 2. That said pictures are gruesome to the extent that they should not be viewed by the jury. 3. That said pictures have no evidentiary value or probative worth whatever on the issue of whether or not the defendant kicked __________. 4. That the introduction of the aforesaid pictures into evidence at the trial would unduly incite and inflame the jury and appeal to the prurient interest of the jury and cause the jury to be unduly prejudiced against the defendant based on evidence which is wholly irrelevant to the issue of whether defendant is guilty or not guilty of the crime with which she is charged. WHEREFORE, defendant moves that the pictures of __________ taken shortly after she was kicked be suppressed. Respectfully,
The court: the jury: q i move the court to strike the photographs of. . (a). [p846] q that would not prejudice the state. . . Q you would like to have mr. Sefin show the court how much he is prepared to pay as a special damage award under the terms of the agreement that he is asking for? A i do. Q you understand that he is to be provided a list of damages under the terms that I have suggested. If he would like a copy. . . Q . . . [p847] q in your motion for the suppression of said photographs that is the list of damages. A list of damages. Q i am sorry i am moving. . . [p848] the court: the jury: q what is wrong? I am moving to suppress the pictures you said were taken of the victim immediately after she was kicked. I understand that you are entitled under the terms of this agreement to make your damage claim under the terms of a general damage award. Q yes. A damages under the agreement should be no less than the amount of the special damage award. Q now, you see, that is what is wrong? That is very much what i see if you would come over here and help me see. (pause.) q you see I told you it would be for the purposes of proof. A because the picture shows too much, I believe, i think this court should not have been asked to review it. I hope we understood those terms. Q if you understand them, that is what you are arguing in your motion, you say the pictures. . . A of their value in proof, which i have suggested. They do not affect whether the defendant kicked the victim. They do not tend to exculpate the defendant by showing that the victim was not kicked. I agree with you there is no evidentiary value in any of them. They are gruesome. They will inflame the jury and prejudice them against this defendant based on what, I do not know, because i have not seen them. I will refer you to counsel for the prosecution. I think the court is asking this very important question. There is no good evidence about what happened in the room and there is no good evidence that shows whether you kicked the victim. Are you going to give an opinion what she was wearing, what her.