The prosecution in the Ronald J. Wendt manslaughter trial will not be allowed to submit evidence from a computer program that calculates and reaches conclusions on what happened in the Aug. 14, 2009 accident that killed a Dansville girl.
However, maps generated by the program that depict the accident scene without interpretation can be used, Judge Robert C. Noonan ruled in Genesee County Court today.
The combination of measuring devices and computer programs are known as Nikon Total Station, Vista FX (6th Edition) and Crashnet.
Noonan concluded that there are no precedents for using these programs for the purpose of accident-scene reconstruction and one of the tests of admissibility would be establishing general acceptance for that purpose by the scientific community. That has not been established, Noonan ruled.
In another matter, District Attorney Lawrence Friedman objected to photos brought into court today by defense attorney Thomas Burns, saying he hadn't been properly notified and questioning their evidentiary value.
Noonan ruled that Friedman could challenge the value of the photos as evidence at the time Burns attempts to enter them as evidence.
The photos were taken recently of the accident scene area. Burns said some of the photos show views that have not been offered into evidence by the prosecution.
You say DA Friedman objected
You say DA Friedman objected to Burns photos.
"Noonan ruled that Friedman could challenge the value of the photos as evidence at the time Burns attempts to enter them as evidence."
What does that mean? Is the judge going to make a decision on that? How can he (Friedman) even object to the pictures unless he has some grounds?
He can object based on the
He can object based on the timeliness, or not, of the submission. To that, Noonan basically said, both sides in other trials have been known to bring forward photos late (and Friedman was bringing forward a video only shot a week ago), and unless there are other grounds to challenge them, Noonan was going to let them in. But the time to raise those challenges would be when Burns actually attempts to enter them into evidence.
Burns did offer them for evidence later in the afternoon and Noonan overruled Friedman's objection.
Since there wasn't much testimony about the photos, it appears Burns intends to use them during his summation. I'm guessing. We'll find out in the morning.