In a nod to future technology, I just received a pen pack from the State of Ohio. The packet consists of an affidavit that certifies the "following records on CD for [Defendant], inmate number A419336 to be a true and accurate copy of the records, which are on file in my office." The affidavit came with a CD ROM in a separate sheath, but not physically attached. On the CD is a file containing scanned images of the judgment and sentence, mug shot, etc.

Has anyone come across this type of evidence before? What issues do you see coming up? The defendant's inmate number does appear in the documents.

I won't necessarily need the pack in this particular prosecution, but thought it an interesting topic.

[This message was edited by Dan Bradley on 05-12-03 at .]

[This message was edited by Dan Bradley on 05-12-03 at .]

Wouldn't a paper pen pack, like we get from TDC, be a lot more useful & easy to use to the receiving prosecutor's office than a CD? And isn't a CD a lot more expensive than a few Xeroxed sheets of paper?

Sounds like an innovation out of California, rather than Ohio.

I'm sure the paper is easier for us to use. After all, it is what we have been doing forever. However, I'm equally sure that it is a money saver for Ohio. A CD only costs a few cents. There is no cost to burn the disk. Add to that the idea that they can digitize all their records and save the cost of storage. Plus they don't have to run a copy machine with its incumbent costs.

So would I introduce the disk into evidence? Probably, but then how does the jury view it? Give them a laptop to take back? Print out a copy? If so, do I have proof issues in letting them see the printout? And is there a problem linking the disk to the affidavit?

Why did they even do a paper affidavit? Why didn't they just put a seal and signature on the face of the CD? Why don't you also subpoena the Ohio clerk to bring a laptop with proper software to display the document? What format is the document stored in?

The CD itself is devoid of any markings. The document is a .tif file. I opened it easily enough with my computer.

I may be in the throes of "old school" disease but I remember a pen pack I received from Delaware(?). It was bound with beautiful blue and gold ribbon and had a four color state seal as well as a crimped gold foil seal with ribbon. The jury were bound to believe it related to my defendant....I mean it just looked so darn official!

Even if a document is burned onto a CD, there are still ways it can appear differently at trial. If you print the document, the manner in which a computer reads the document and orders it to be printed can change depending on the computer/software/printer combination. It won't delete anything, but it could alter its appearance.

In addition, while a GIF file is generally compatible today with much software that would open the file, there is no telling what software or format will be available in 10 years when the defendant files a writ challenging something.

Also, how is a clerk or appellate court to handle this document? When we use digital evidence in court, we never offer the actual digital file into evidence. We either print a hard copy or, if it is video, transfer it to a videotape. That way, it is in a form that everyone can view. Of course, videotape may be so yesterday once DVD's take over.