Chapter 353

Brody rose. “Your Honor, while we don’t object to the medical report’s admission, we do object to these photographs on grounds of relevance and prejudicial effect substantially outweighing probative value under Rule 403. The alleged infidelity, if it even occurred, has no bearing on whether Mrs. Maine acted in self-defense on the night in question.”

The younger female judge leaned forward. “Mr. Park, the prosecution’s theory appears to be that these photographs establish motive. Wouldn’t that make them relevant?”

“Your Honor,” Brody responded, “Even if they establish some speculative motive, which we dispute, the prejudicial effect of introducing these intimate photographs would unfairly bias the jury against my client on moral grounds unrelated to the legal question of self-defense. There are less prejudicial means to explore motive, if the court deems that line of inquiry relevant.”

The three judges conferred briefly, heads bent together in quiet discussion. Afte

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