Page:Siegel v. National Periodical Publications (508 F.2d 909).pdf/1

 and we see no abuse of this discretion. See Ungar v. Sarafite, 376 U.S. 575, 84 S.Ct. 841, 11 L.Ed.2d 921 (1964); United States v. Spoonhunter, 476 F.2d 1050 (10th Cir. 1978).

D. Adequacy of the Chain of Possession.

We have examined this issue and find that, as did the trial court, the evidence was adequate and that there was no proof of tampering. Here again, there was no abuse of discretion on the part of the trial court in receiving the various links.

E. The Receipt of the Copies of Photographs.

The pictures of the articles taken from appellant’s possession by the Peruvian Police were received, and it is contended that the actual articles should have been brought in. Conceding that it is preferable to have the originals, we see no error in receiving the photographs since the actual articles and the original photographs are in the custody of the Peruvian court. It is not argued, however, that these did not depict the objects which they purported to show, and where this is the situation the matter is one of trial court discretion. See United States v. Wagner, 475 F.2d 121 (10th Cir. 1973); United States v. Merrick, 464 F.2d 1087 (10th Cir.), cert. denied, 409 U.S. 1023, 93 S.Ct. 462, 34 L.Ed.2d 314 (1972); United States v. Ketchum, 445 F.2d 860 (10th Cir. 1971); Wood v. United States, 357 F.2d 425 (10th Cir.), cert. denied, 385 U.S. 866, 87 S.Ct. 129, 17 L.Ed.2d 94 (1966); Hollingsworth v. United States, 321 F.2d 342 (10th Cir. 1963).

The desirability of having the objects rather than photographs cannot be denied, but trials are imperfect and where, as here, the presiding judge has determined that the photographs are accurate and trustworthy, there is little to review.

The judgment is affirmed.