People v. Ely, 68 N.Y.2d 522 (1986)
Tape recordings are admissible as evidence only upon clear and convincing proof of their genuineness and lack of alteration, established through methods like participant testimony, expert analysis, or chain of custody.
Summary
Karen Ely was convicted of murdering her estranged husband. The prosecution’s evidence included tape recordings of phone conversations between Ely and the deceased, intended to show Ely’s motive for preventing visitation with their son. The Court of Appeals reversed the conviction, holding that the prosecution failed to establish a sufficient foundation for the tapes’ admissibility because they didn’t prove the tapes were genuine and unaltered. The court also found that the trial court erred by not redacting prejudicial portions of the tapes related to unrelated crimes that were not inextricably intertwined with the evidence of motive.
Facts
Raymond Ely was found murdered before he was to have overnight visitation with his son. Karen Ely, his estranged wife, and Robert Huntington were charged with the murder. Huntington pleaded guilty and became the prosecution’s key witness, testifying that Karen enlisted him to murder Raymond to prevent him from exercising his visitation rights. The prosecution presented tape recordings of phone conversations between Karen and Raymond, made by Raymond before his death, to demonstrate Karen’s motive.
Procedural History
Prior to trial, Karen moved to exclude the tapes. The Trial Judge denied the request. At trial, the tapes were admitted over defense objections. Karen was convicted of second-degree murder. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.
Issue(s)
1. Whether the prosecution established a sufficient foundation to admit the tape recordings of phone conversations between the defendant and the deceased as evidence.
2. Whether the trial court erred in failing to redact prejudicial portions of the tape recordings related to uncharged crimes.
Holding
1. No, because the prosecution failed to provide clear and convincing proof of the tapes’ authenticity and lack of alteration.
2. Yes, because much of the material on the tapes was neither related to nor inextricably interwoven with material related to motive, and thus required redaction.
Court’s Reasoning
The Court of Appeals held that admissibility of tape-recorded conversations requires clear and convincing evidence of the tape’s accuracy and authenticity, demonstrating that it is genuine and has not been tampered with. This foundation can be established through various methods, including: (1) testimony from a participant in the conversation affirming its completeness and accuracy; (2) testimony from a witness to the conversation or its recording; (3) participant testimony combined with expert analysis confirming the absence of alterations; or (4) establishing a chain of custody. Here, the chain of custody was incomplete because the testimony failed to establish when or where the recordings were made. The defendant’s stipulation that the voice on the tapes was hers was insufficient because identity and authenticity are separate requirements. The Court stated, “Indeed, in view of the ease with which voices may be transposed on tapes and the difficulty, except for an expert, of detecting such a change, this must necessarily be so.”
The Court further reasoned that the trial court erred in failing to redact prejudicial portions of the tapes related to uncharged crimes. Evidence of uncharged crimes is admissible only if it is probative of the crime charged and its probative value outweighs its potential for prejudice. The evidence must also be directly related to the issue upon which it is offered or be inextricably interwoven with directly related material. The court stated, “Thus, that a tape contains relevant evidence is but the beginning of the inquiry, not the end of it. Whether there should be redaction of a tape turns not, as the Trial Judge here ruled, upon whether ‘there is a flavor to it,’ but on whether the material to be redacted is more prejudicial than probative. Nor does it turn on ‘the integrity of the exhibit,’ except as material not itself directly probative is essential to an understanding of what is.” The court found the references to arson charges highly prejudicial and not inextricably interwoven with the evidence of motive, thus requiring redaction.