Case Study: Authenticating Facebook Video – “We Live!”
The admissibility of Facebook video was at issue in Lamb v. State of Florida, 246 So.3d 400 (2018) (District Court of Appeal of Florida, Fourth District). The defendant was being tried for two carjackings and the state sought to introduce Facebook Live video apparently recorded within minutes of the carjackings and purporting to show the...
Case Study: Facial Recognition Evidence Premised on Surveillance Video Rejected Due to Unreliability
A recent California case provides yet another illustration of how conclusions premised on the analysis of images obtained from surveillance video must be reached by people who have forensic video analysis training and how it is the role of the court to deny admissibility to unreliable expert evidence. In State of California v....
Case Study: Vehicle Speed Determination Based on Video Evidence Rejected as Being Unhelpful
Determining the speed of motor vehicles involved in collisions is central to virtually all cases where fatalities have occurred. I have prosecuted countless criminal driving fatality cases wherein speed was integral to determining liability. While there are cases where vehicle speed cannot be reliably determined, speed can typically be determined from measurements obtained at the...
Case Study: Vehicle Speed Determination from Video Evidence – Video Evidence Excluded Due to Unreliability and Failure to Authenticate
State of New Hampshire v. Witty (unreported, November 25/15, New Hampshire Superior Court, Southern District, Docket No. 226-2014 CR-00568) is an interesting case wherein the state sought to lead vehicle speed determination evidence premised on problematic surveillance video without the use of an expert witness. The defense sought to exclude this evidence. The...
Case Study: Trial Judge Performs Image Comparison When Crown Fails to Present Expert Evidence
In R. v. Ermine, 2018 SKQB 77 (Saskatchewan Court of Queen’s Bench), the trial judge was placed in the position of having to conduct his own video analysis because the Crown failed to call the necessary expert evidence. In this case, three individuals robbed a bar. Two of the robbers pled guilty earlier and...
In Search of the Truth: Why Experts Matter
During my career as a Crown Prosecutor, my goal has been to ascertain the truth as to what happened in any given incident because it is only upon discovering the truth that we can strive for justice, however illusive that goal may be to achieve in practice. In search of the truth, it...
The Court Needs the Best Video Evidence Available: Why a Qualified Forensic Video Expert is Essential
The function of a trial court is to decide the legal dispute that is brought before it by the litigants. In a criminal case, it is the state that charges the defendant with a crime and commences a prosecution. When the case reaches the trial stage, the prosecution (and sometimes the defence) will...
Chicago Murder Prosecution Falters When Expert Fails to Stay Within His Lane
Currently, a murder trial is underway in Chicago wherein former Chicago police officer Jason Van Dyke is charged with unlawfully killing Laquan McDonald by shooting him 16 times. The shooting was captured on police dashcam video. The prosecution called FBI forensic video analyst Mark Messick who had enhanced the video evidence and inserted...
Frame by Frame Analysis: Better than Just Hitting Play
Video images can provide significant information about what occurred during an event and about the people involved. Being an objective observer, the video camera records the events that occurred before it to the best of its ability, without favor or prejudice to the people depicted. It is for these reasons that video evidence...
Stay Within Your Lane!: The Importance of Knowing Your Boundaries as an Expert Witness
When an expert witness is tendered before the court, the attorney presenting the witness must advise the judge as to the specific field(s) of expertise in which the attorney wants the witness qualified. At the conclusion of the qualification voir dire, in which the proposed expert’s qualifications are examined, and after hearing legal...