Contention in the courtroom: a request to submit a video into evidence leads to debate

FRESNO, Calif. (KFSN) -- David Hernandez sits in court this week as prosecutors try to convince a judge there is enough evidence to take him to trial.

The 45-year-old is charged with the August 16, 2021 murder of Sarah Hamm at her apartment in Northeast Fresno, as well as an armed robbery and carjacking at a nearby shopping center on the same day.

One piece of evidence the prosecution hoped to submit led to a heated argument.

The evidence in question is a compilation of security videos from a Smoke Shop at a shopping center on Champlain and Perrin.

Fresno Police said that is where Hernandez robbed a clerk at gunpoint, attempted to carjack a man who drove off, and successfully carjacked someone else.

The prosecution says the video's content was not altered, but that videos from several different cameras in the shop were spliced together to create a clear picture of what happened inside the business.

However, police did overlay pictures of evidence collected from the scene and at least one other location at points where they say it can be seen in the video.

Defense Attorney Craig Collins objected, calling the addition of the photos in the video leading, and arguing they cover parts of the video.

"By the time you get to the 3rd or 4th picture or whatever, you can't help be suggested that 'oh, it all fits there'," said Collins.

"Because it does," said Kaitlin Drake, Prosecution.

"Ms. Drake, stop," said Hon. Francine Zepeda, Fresno County Superior Court.

Deputy District Attorney Katilin Drake argued that the judge can determine if the images match what is shown in the video.

For ten minutes, the three went back and forth in an increasingly heated debate.

"I don't have another copy without the photographs," stated Drake.

"I see that," said Zepeda.

"If we want the best evidence, the best evidence is exhibit number one which happens to contain other photographs that are all going to be admitted into evidence through all of the witnesses," said Drake.

"Your honor she's arguing that she made this video," said Craig.

"I didn't make the video," said Drake.

"Okay, okay," said Zepeda.

Ultimately the judge decided the images were leading and she would only allow the video if the pictures were removed.

Instead of playing the video, the officer who edited it was asked to describe what he had seen in the surveillance video and his process of connecting the evidence found at other locations.

If convicted on all charges, Hernandez faces 50 years to life in prison for the murder and an additional 29 years for the carjacking, armed robbery, and attempted carjacking.

Hernandez will be held to answer on all charges. He will be arranged on the information on March 5, 2024.

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