Assuming the pictures have some bearing on the manner and
cause of death of the child, they would be admissible. If they were offered for no other
reason than to show that the child was dead, an objection might possibly be sustained as
other evidence (testimony, death certificate, etc.) could be offered to that effect, and
the photographs would be irrelevant and unfairly prejudicial to the defendant. So it is
important to know if the pictures showed injuries, malnutrition, or otherwise provided
visual evidence of the cause of death as neglect.
The
sadomasochistic acts of the mother are another issue. If evidence shows she did so while
she neglected the child, the evidence might very well be admitted. If however it is
simply used to show that she is kinky with no direct relation to the child's death, the
video would not be admissible. The fact that a person engages in unusual sexual acts, or
even commits adultery, does not per se mean the person is an unfit parent or neglects
his/her child. So the admission of this evidence would be quite
problematic.
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