Cases | Cousins v. State, 850 A.2d 302 (Del. 2004) | 2018
The defendant was convicted of rape and unlawful sexual contact. The child victim was interviewed at the Children’s Advocacy Center. At trial, a videotape of the interview was admitted into evidence without objection and played for the jury. In addition, the videotape of the interview was provided to the jury during its deliberations. On appeal, the defendant claimed that: (1) the videotape interview did not meet the standards of Del. Code Ann. tit. 11, § 3511 and Del. Super. Ct. Crim. R. 15; and (2) it was improper to allow the jury to replay the videotape in the deliberation room. The court held that the defendant’s claims with respect to the videotape interview were barred pursuant to Rule 61(i)(3) for failure to object. The court also held as follows: (1) the videotape was properly admitted into evidence in accordance with the requirements of § 3511. It was not a deposition and thus was not subject to the requirements of § 3511 or Rule 15; and (2) the trial court did not err in providing the videotape to the jury during its deliberations. Physical evidence admitted against a defendant at trial is appropriately submitted to the jury during its deliberations at the judge’s discretion.