Thursday, January 8, 2026
Page 3
Photos of Fetus That Was Killed Along With Mother Not Unduly Prejudicial, C.A. Holds
Convictions on Two Counts of Second-Degree Murder Affirmed
By a MetNews Staff Writer
The Fifth District Court of Appeal has affirmed the conviction on two counts of second degree murder and other offenses in the case of a drunk driver, rejecting the contention that showing the jurors photographs of a fetus—one of the victims—violated the defendant’s right to federal due process.
Justice Mark W. Snauffer authored Tuesday’s unpublished opinion affirming the judgment, pursuant to a jury verdict by Tulare Superior Court Judge Melinda Myrle Reed. Defendant David Pablo Edma was found to have caused the deaths of Yadira Selix and her unborn child.
In ruling that the photographs were admissible, Reed said:
“[T]he pictures were testified to by the doctor as showing the baby was beyond the embryonic stage. I disagree that the pictures provide undue prejudice over their probative value. They are obviously pictures of a fetus, which, in and of itself, is, of course, difficult to see, but they are not bloody. They are not gruesome. There is nothing that is shown there other than the condition of the fetus in its developed stage.”
Snauffer wrote:
“Undue prejudice under Evidence Code section 352 can result where the evidence uniquely tends to evoke an emotional bias against a party as an individual while being only slightly probative on the issues….However, undue prejudice is not prejudice that naturally flows from relevant, highly probative evidence.”
He went on to say:
“Having reviewed the photos in question, we conclude the trial court did not abuse its discretion in weighing the probative and prejudicial value of Exhibit Nos. 60 through 62. Whether the fetus was viable at the time of death was an issue before the jury and therefore relevant….The photos show the fetus in a natural pose, lying next to a ruler on an examiner’s table with no viscera present, and so are not unduly gory beyond the tragic fact of the death itself….While there is no question the photos of the fetus are unpleasant and likely harmful to the defense, they did not create the type of unfair prejudice that flows from introduction of marginally probative but emotionally inflammatory evidence.”
Other contentions by the appellant were also rejected.
The case is People v. Edma, F088317.
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