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Collman v. State8/23/2000
e not made or elicited by the prosecutor; they were brief, inadvertent comments made by inexperienced witnesses in the midst of a long and complicated trial. Additionally, Marcum stated that "he" was in jail and did not use Collman's name. While the jury may have realized that "he" was Collman, that fact was not emphasized. Moreover, in the penalty phase, the jury found as a mitigating factor Collman's lack of a criminal history. We are convinced, therefore, that Collman was not prejudiced by the witnesses' remarks.
V. The videotape of the victim when he was a healthy baby
Richard Stach testified as to Damian's demeanor prior to Collman's involvement in Damian's life. During this testimony, the State sought admission of a videotape depicting Damian as a happy baby with no bruises. The district court conducted a hearing and viewed the videotape. The court concluded that because the videotape's quality was deficient, it could not be used to demonstrate Damian's lack of bruises. However, the court determined that the probative value of establishing Damian's demeanor was not substantially outweighed by the danger of unfair prejudice or emotional appeal to the jury. Accordingly, over Collman's objection, the court admitted the videotape for that limited purpose.
Collman contends that the videotape had no probative value and only served to appeal to the jurors' emotions. The trial court has the discretion to admit or exclude photographs of a victim, and this court will not overturn such a ruling absent an abuse of that discretion. Browne v. State, 113 Nev. 305, 314, 933 P.2d 187, 192 (1997). The court must determine whether the probative value is substantially outweighed by the danger of unfair prejudice. Id. at 313 n.1, 933 P.2d at 192 n.1. Here, the district court reviewed the videotape and determined that it was relevant and probative. We conclude that Collman failed to demonstrate that the district court abused its discretion.
VI. Report by the state's expert regarding bite marks on the victim's body
Collman contends that the district court erroneously admitted a report made by the state's forensic expert.
Dr. Raymond D. Rawson, the state's expert witness, prepared a forensic report, Exhibit 96, concluding that Damian suffered nine separate bite marks and with "a high degree of confidence" that Collman was the biter. Dr. Rawson testified to this opinion at trial. The defense utilized the report to cross-examine Dr. Rawson and even showed a photograph in the report to the jury. Based on this use of the report by Collman, the State asked that the whole report be admitted. The defense objected, arguing that Dr. Rawson had not testified to all portions of the report. Specifically, Dr. Rawson's report referred to nine bite marks on Damian's body, while Dr. Rawson's testimony focused on only three of the most severe and obvious bites. The district court admitted the report into evidence.
Collman argues that the district court erroneously admitted the entire report. We conclude that this argument has no merit pursuant to NRS 47.120(1), which provides: "When any part of a writing or recorded statement is introduced by a party, he may be required at that time to introduce any other part of it which is relevant to the part introduced, and any party may introduce any other relevant parts." See also Domingues v. State, 112 Nev. 683, 693-94, 917 P.2d 1364, 1372 (1996).
Here, Collman in effect introduced portions of the report during cross-examination of Dr. Rawson. Under NRS 47.120(1), the State was permitted to introduce any other relevant parts. The entire report was relevant to the case because evidence of bite marks tended
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