Nonetheless, the state judges rejected Kelly's appeal and said the 20-minute videotape did not cross the line. "The presentation was not unduly emotional," the state high court said. "The viewer knew Sara better after viewing the videotape than before, but the tape expressed no outrage over her death, just implied sadness. It contained no clarion call for vengeance."
The justices turned down a similar appeal from Samuel Zamudio, who was convicted in 1997 of murdering an elderly couple in South Gate.
Elmer and Gladys Benson were found stabbed to death. Zamudio, a neighbor who had done repair work for them, was convicted of first-degree murder and robbery. At Zamudio's sentencing hearing jurors watched a 14-minute video montage of the Bensons' lives prepared by their children.
A lawyer for the defendant said the video was "unduly inflammatory," but the state high court disagreed in April. It said the photos had "humanized" the victims to the jury and did not go so far as to play on emotions.
--
david.savage@latimes.com
