Practice Points: Giving Voice to Digital Evidence In the Jury Room

During deliberations, why would the defense team want jurors to review its digital exhibit (video) in the privacy of the jury room rather than having the jurors return to the courtroom to review the exhibit in open court? Is the storage medium (computer disk) considered the exhibit, or is the playback device (laptop computer) part of the exhibit too? If the court sends the playback device into the jury room, jurors would have control of playback speed and volume, and they could watch the video as many times as necessary. How does the defense attorney persuade the trial court to exercise its discretion in the defendant’s favor and allow the exhibit and ancillary equipment into the jury room? What precautions should defense counsel take before the equipment is sent to the jury room?