IN THE FIFTIETH JUDICIAL DISTRICT, PARISH OF PEINE DE MORT
STATE OF LOUISIANA
No. _____

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STATE OF LOUISIANA, Plaintiff
v.
JOHN CLIENT, Defendant

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MOTION TO PRODUCE NEGATIVES

COMES NOW, JOHN CLIENT, by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, and Article 1, Sections 2, 3, 5, 13, 14, 16 & 17 of the Louisiana Constitution to order production of the negatives of any and all pictures taken of the scene, of the victim, or of anything else related in any manner at all with this crime. In support of his motion, Mr. Client states as follows:
1. Mr. Client has an absolute, constitutional right to access to physical evidence for independent testing. As the Court held in State v. Gray, 351 So. 2d 448 (La. 1977), "[f]undamental fairness is violated when a criminal defendant on trial for his liberty is denied the opportunity to have an expert of his choosing, bound by appropriate safeguards imposed by the Court, determine a piece of critical evidence whose nature is subject to varying expert opinion." Id. at 454; accord State v. Clark, 414 So. 2d 737 (1982); State v. Migliore, 261 La. 722, 260 So. 2d 682 (1972). This right applies to all physical evidence and is universally recognized. See, e.g., Warren v. State, 288 So. 2d 826, 830 (Ala. 1973) ("The defendant having made proper and timely motion . . . [the evidence] should have been made available to his attorney, as an officer of the court, and under such safeguards as the trial court deemed necessary, for inspection and analysis").
2. In State v. Palmer, 227 La. 691, 80 So. 2d 374 (1955), the court reconfirmed the "universally recognized" reliance upon photographs "in presenting inanimate, natural and physical objects and resemblances of persons." While the case concerned the admissibility of photographs at trial, the court further stated that "of necessity, their accuracy and authenticity must, as a condition precedent to their admissibility, be satisfactorily established." Id. For reasons of which the prosecution will be apprised in a timely manner, Mr. Client wishes to reproduce copies of all the photographs in this case as part of this pre-trial review. This can only meaningfully be done from the negatives.
3. Mr. Client will not be able to prepare for trial unless this motion is granted expeditiously.
WHEREFORE, Mr. Client moves that his motion be granted, and that Mr. Client be allowed access to all photographs and negatives thereof.
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