State v. Alfieri

In State v. Alfieri, 132 Ohio App. 3d 69, 724 N.E.2d 477, 486-487 (Ohio App. 1 Dist. 1998), appeal not allowed, 85 Ohio St. 3d 1477, 709 N.E.2d 849 (1999) an Ohio court of appeals evaluated a photograph of a dead fetus. The defendant in that case was convicted of aggravated vehicular homicide for causing the unlawful termination of a pregnancy. At the guilt stage of trial, a photograph of the fetus was admitted into evidence. The photograph depicted the "fetus, fully clothed in a knitted cap and long gown; no portion of the fetus's body, with the exception of its face and hands, are visible in the photograph and no outward signs of physical injury are apparent." The Court of Appeals concluded that the trial court did not abuse its discretion under Ohio's version of Rule 403 in admitting the photograph because: (1) only one photograph was introduced into evidence; (2) the photograph was not unduly gruesome; (3) it was probative of a material fact (that the pregnancy was terminated as a result of the collision) and was illustrative of medical testimony on that issue." Id. at 487.