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C. Evidentiary Issue
At trial, petitioners sought to introduce into evidence a
20-minute videotape. Mr. Deihl explained that videos were taken
of conventions, training sessions, and other KareMor events.
Clips from the collection of tapes so generated were then used to
create the 20-minute summary video offered at trial. Respondent
objected to admission of the video based on rules 401, 901(a),
1001, 1002, and 1006 of the Federal Rules of Evidence, which
rules address relevance, authentication, the requirement of
original recordings, and use of summaries. The Court reserved
ruling on the tape’s admissibility and took the matter under
advisement.
Having had an opportunity to review the totality of the
record in light of the specific issues presented by these cases,
the Court believes respondent’s concerns as to relevancy are well
taken. Rule 401 of the Federal Rules of Evidence defines
“relevant evidence” as “evidence having any tendency to make the
existence of any fact that is of consequence to the determination
of the action more probable or less probable than it would be
without the evidence.” Mr. Deihl stated that the video tape
depicted “Actions at the conventions, the entertainers, the
arrivals, the pomp and circumstances, the pageantry, the gowns
worn”. Counsel for petitioners expressed the proffer as follows:
it is offered as for illustrative purposes as to what
happened with respect to the training sessions, what’s
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