Author: Jonathan W. Hak KC

AuthenticationForensic Video Analysis

Anonymous Videos Used to Take Children Away from Mother in Child Welfare Trial: Colorado Court of Appeals Weighs in on Authentication

In People In Interest of M.V., 432 P.3d 628, 2018 WL 5988705, the Colorado Court of Appeals was asked to review the decision of a trial judge ordering that a mother’s children be adjudicated as dependent and neglected, thereafter imposing a treatment plan for the mother and removing the children from her custody.  Central to...
Expert Witness TestimonyForensic Video Analysis

“Evaluation of the Forensic Science Regulator’s recommendations regarding image comparison evidence”

I have recently published an article in the scientific journal Forensic Science International: Synergy. Here is the abstract: Expert image comparison evidence can be a vastly helpful tool in the search for the truth, a central tenet of the criminal justice system. This evidence assists the court in determining the relationship between a...
AuthenticationForensic Video Analysis

Authentication of Social Media and Other Videos in Northern Ireland Terrorism Cases

Courts in Northern Ireland have made important admissibility rulings regarding the authentication of videos presented as evidence in terrorism cases.  One case addresses the admission of key video evidence when no authentication witnesses were called at all while the second case deals with the admissibility of unsupported video as well as questionable video posted...
AuthenticationForensic Video Analysis

Case Study: How a YouTube Rap Video was Used to Convict a Defendant

Video uploaded to social media sites must be authenticated in order to be admissible.  The question of what level of proof is required to meet the authentication requirement was explored recently in United States v. Pettway, 2018 WL 4958962 (United States District Court, W.D. New York). The defendant was convicted by a jury of various...
Expert Witness Testimony

Audio Interview: Keys to Effective Expert Witness Testimony

The Excellence in Training Academy (excellenceintrainingacademy.com), a resource dedicated to law enforcement training, interviewed me recently on the subject of expert witness testimony.  In this hour-long interview, we cover a number of topics that are of value to expert witnesses and those aspiring to become an expert witness.  In addition to the other content on...
Forensic Video Analysis

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....
Forensic Video Analysis

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...