How should the trial judge rule on the defense counsel


Problem: Driver was sitting in her car when she heard a tap on the driver's side window. She rolled down her window slightly. A man who was standing next to her window pointed a gun at her head and demanded her car. Driver exited the car holding her purse, which the assailant grabbed and wrested away from her. The assailant jumped into Driver's car and was driving away. Victim, who was nearby, jumped onto the hood of the car, smashed the windshield, and demanded that the assailant get out of the car. The assailant then shot Victim three times. He died at the scene. During the police investigation, Defendant was developed as a suspect. Officers applied for and were issued a search warrant for Defendant's home. From Defendant's home, officers seized several pairs of khaki pants, a black sweatshirt with a gray hood, and a fitted cap, all of which matched the description of the clothing provided by Driver as being worn by the assailant. The police also seized a photograph that was taken in the middle of a city intersection that depicted Defendant wearing khaki pants, a dark colored hooded sweatshirt, and a rosary. The photograph was not taken on the day of the incident nor was it taken at the intersection where the carjacking and shooting at issue in the case occurred. The photograph further depicted the Defendant making what is believed to be a "gang sign" with one hand and a vulgar gesture with his other hand. Defendant was indicted on the charges of second degree murder of Victim, and armed robbery of Driver. He pled not guilty. Defendant alleged that he was home alone asleep at the time of the incident. At trial, the prosecution sought to introduce the clothing and picture seized from Defendant's home. The defense counsel objected. He argued that the clothes were not related to a murder nor an armed robbery, therefore they are not relevant. He further argued that the picture taken from the home is prejudicial because it will unfairly taint the jury's perception of Defendant by suggesting that he is a gang member. How should the trial judge rule on the defense counsel's objection? Fully explain your answer.

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