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...
“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...
Audio Interview About Digital Video Evidence
The Excellence in Training Academy (excellenceintrainingacademy.com), a resource dedicated to law enforcement training, interviewed me recently on the subject of digital video evidence and some of the issues pertaining to this increasingly common type of evidence. In this hour-long interview, we cover a number of topics that are of value to those who work...
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...
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...
Order in Court! The Value of Practical Moot Court Training
One of the most common sentiments expressed about the Courtroom Testimony for Expert Witnesses course is this: “The part I feared the most was the moot court and the part I got the most benefit from was the moot court!” A courtroom testimony course that does not have a practical component lacks a valuable...
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...
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...