Frasco v. People
In Frasco v. People (Colo. 2007) 165 P.3d 701, the Colorado Supreme Court held that a trial court has discretion to allow a video of a witness interview to go to the jury. (Id. at p. 704.)
In the case before it, the trial court did not err by letting the jury have the video, in part because "the trial court cautioned the jury at the time of its admission not to give the videotape any greater significance than other evidence at trial. At the close of the evidence, it did not allow the videotape to be taken to the jury room along with the other exhibits. When the jury made a request to view the exhibit, the court notified both counsel and specifically inquired about defense counsel's position with regard to the request.
Counsel not only failed to register an objection or request a limiting procedure or instruction; he actually offered his understanding that existing law required unimpeded jury access, and he expressly represented to the court that he had no objection to such access." (Id. at p. 705.)