Does the statute requiring the production of a video of a crime requiring that the tapes be delivered to the court for sealing be made available to the judge's presence?

We turn next to whether or not the statute requires the tapes actually be delivered to the court for sealing in the judge's presence. Once again the parties have not cited nor have we located any California cases on point. Relying on United States v. Abraham (6th Cir.1976) 541 F.2d 624 (Abraham ) the prosecution argues there is no requirement the tapes actually be delivered to the judge for sealing in his or her presence. Rather, it contends the "made available" requirement of the statute is met by the tapes being available to the judge should he or she want them produced. Westbrook on the other hand contends the statute requires the tapes be "made available" in the sense of being brought into the presence of the judge so as to permit him or her to order the seal applied and verify the presence of the judicial seal required by statute.

Page 622