State v. Nelsen

The state appeals, and defendant cross-appeals, from a trial court order excluding testimony regarding the contents of a lost video surveillance recording, but allowing the use of still photographs made from that recording. The state argues that the trial court erred in preventing it from introducing testimony as secondary evidence of the contents of the lost video recording. Defendant argues that not only was the testimony regarding the lost video properly excluded, but that the court should also have excluded the still photographs that were taken of the video. For reasons that follow, we…