Can a judge replay videotaped testimony?

MultiRegion, United States of America

The following excerpt is from U.S. v. Sacco, 869 F.2d 499 (9th Cir. 1989):

"Videotaped testimony is unique." Id. Replaying videotaped testimony creates concerns not present when rereading written testimony. "It enables the jury to observe the demeanor and to hear the testimony of the witness. It serves as the functional equivalent of a live witness." Id. In Binder, however, we did not establish a per se rule against replaying videotaped testimony. The decision to replay testimony is within the broad discretion of the trial judge to be exercised on a case-by-case basis. Id. at 600-01; see United States v. King, 552 F.2d 833, 850 (9th Cir.1976) (discretion granted trial judge to reread testimony is large, and determination of whether discretion is abused turns on circumstances of the individual case), cert. denied, 430 U.S. 966, 97 S.Ct. 1646, 52 L.Ed.2d 357 (1977).

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