A recent post in The Illinois Trial Practice Weblog (Evan Schaeffer) discusses using Google Earth aerial images at trial. A few years ago a student team used Google Earth in a law school mock trial that I was judging. It was used during cross-examination to show all of the truck stops and rest areas that the defendant trucker passed before illegally parking on the side of the interstate. The images of the accident scene were also helpful to explain how the collision occured. The moot court problem was based on a real wrongful death case that my firm handled a few years earlier. The driver claimed he parked on the side of the road because he couldn't find a place to park while he slept.
Since then I have used Google Earth for accident cases and as a part of asset investigations. The ability to "fly" from one location to another beats static aerial photos. It is cost effective and by now jurors are used to seeing Google Earth on the news. (It is also a nice way for someone buying real property to see what else is in the neighborhood. You never know what may be obscured by tree a line or ridge.)
As Schaeffer points out, you do have to work out the admissibility issues if you are going to use Google Earth visuals at trial. See his post for resources regarding laying a proper foundation.
Dan Berexa
Nashville, Tennessee
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