United States v. Joseph De Sena

FRIENDLY, Circuit Judge

(concurring) :

I join fully in Judge Waterman’s opinion except that, for reasons stated in my dissent in United States v. Harrington, 490 F.2d 487, I could not agree with the suggestion, if such there be, that taping of police photographs in the jury’s presence would, without more, require a reversal. The better practice, of course, is to conduct any taping or cutting outside the view of the jury, but emergencies may arise in which prosecutors and trial judges may fail to achieve this. In such instance a conviction should be reversed only after a careful weighing of all relevant factors.

Of less importance, I see no occasion for the conjectural final sentence of the opinion.