Interpreting Video Images: Can You “Say What You See”?
In the 2018 Ewan McGregor movie Christopher Robin, Winnie the Pooh plays a game he calls “Say what you see,” in which he looks out and says what he sees. None of his friends object or tell him that he is not qualified to give his opinion. Forensic video analysts are often asked to...
Practicing Effective Courtroom Testimony Techniques is the Key to Success on the Witness Stand
Strategic practice using effective courtroom testimony techniques will make you a better expert witness. You have valuable information to provide and your ability to fairly and confidently communicate that information in court is essential. These are skills that can be learned and practiced. Just going to court and hoping for the best is...
Use of Force Expert Prohibited from Expressing Opinion on Video Evidence
Jackson v. Catanzariti, 2019 WL 2098991 (U. S. District Court, S.D. Georgia), is a case wherein former prison inmates sued correctional officers for violating their constitutional right to be free from excessive use of force while they were incarcerated. The plaintiffs contended that video evidence supported their complaints of excessive use of force....
What Should an Expert do with Information Received that is Contrary to the Proffered Opinion?
Experts rarely work in epistemic silos, out of touch with other experts. Indeed, it is a hallmark of expert evidence that experts are allowed to rely upon and state hearsay evidence in their reports and testimony. It follows that communication amongst experts is common and generally something that should be encouraged. This article addresses the issue...
Federal Court Rejects Evidence of Forensic Video Analyst as Opinion “Largely Based on Conjecture and Speculation”
In Melton v. Klee, 2019 WL 1315723, the United States District Court, Eastern District of Michigan, Southern Division, considered a pro se petition for a writ of habeas corpus following the petitioner’s conviction for assault with intent to rob while armed. The petitioner’s conviction arose from the attempted robbery of the victim outside her home in Michigan. During the...
Recommendations for Expert Image Comparison Evidence in the United Kingdom in Light of the FSR Regulatory Notice “Image Enhancement and Image Comparison: Provision of Opinion”
Introduction I attended the meeting of the Forensic Digital Media Analysis Working Group, organized and presented by the Chartered Society of Forensic Sciences, in Birmingham, UK on October 21, 2019. One of the topics discussed was the state of general image comparison evidence in the UK in light of the FSR’s Regulatory Notice 01/2019...
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: 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: 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...