State v. Colby, 431 A.2d 462, 139 Vt. 475 (Vt. 1981)
Admissibility of photographic evidence is largely a matter of discretion for the trial court. United States v. Taylor, 530 F.2d 639, 642 (5th Cir. 1976). While courts may be more cautious when the evidence consists of a photograph or a tape since the possibility of alteration exists, see Fountain v. United States, 384 F.2d 624, 631-32 (5th Cir. 1967), photos are admissible if the proper foundation is adduced to indicate the circumstances under which they were taken and the reliability of the reproduction process. Taylor, supra. See also United States v. Jacobs, 475 F.2d 270 (2d Cir. 1973). The state offered evidence satisfactorily explaining the absence of the best evidence, the videotape. See Enriqueta Farias v. United States, 423 F.2d 749 (9th Cir. 1970). Evidence was also introduced regarding the coordination of the time/date stamping machine and the videotape; that the machines were functioning properly on the day in question; and that the photographs were accurate representations of the film. The bank security officer who took the polaroid pictures testified about the procedures employed. In addition, since the bank is not a party to this criminal prosecution, the normal concerns regarding destruction of evidence are not present. We are satisfied that the pictures were properly admitted.
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