How much, if any, has the jury been shown a video of the interior of a house in a murder trial?

"In a prosecution for murder, photographs [and video] of the murder victim and the crime scene are always relevant to prove how the charged crime occurred, and the prosecution is 'not obliged to prove these details solely from the testimony of live

Page 18

witnesses.' [Citation.]" (People v. Pollock (2004) 32 Cal.4th 1153, 1170.)

The video played for the jury (People's exhibit No. 9) has not been included in the record on appeal. The trial court did not indicate how much, if any, of the interior of the house was displayed. The court stated that there was a series of wailing sounds and traumatic noises, but the record does not indicate how much of the two-minute recording consisted of wailing and chaotic sounds or how loud they were, to permit this court to gauge whether the sounds were inflammatory. The trial court's exercise of discretion is "'presumed correct [and] all intendments and presumptions are indulged to support it on matters as to which the record is silent . . . .' [Citations.]" (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.)