The Power of Video
Videotaping a stop or event has become almost routine. We see videos of events captured naturally and the internet is full of sites offering a peek at raw videos. My favorite is You Tube.
Today, I was able to catch a cop lying about a client's drug possession through the use of video. When someone is brought to jail, there are video cameras following you through the booking process and all the way through the arrest process until you are placed into a cell. These videos can be very helpful. They can show that a person could clearly answer questions, does not display the same behavior as the officer described at the scene and even better, most assistant District Attorney's don't know that these tapes exist and never think to use them.
For example, today I was able to show my client's video to the assistant District Attorney. In the offense report, the lying cop described the event as my client bringing a controlled substance into a correctional facility. Once we obtained the video, we were able to PROVE that the cop brought the controlled substance into the facility.
Prior to being booked into the jail, my client's personal effects were taken from him and placed in a plastic evidence bag. That bag could clearly be seen in the video, in the cop's hands, while my client was going through the booking process. Then, the cop walked into the secured area of the jail, directly in front of the camera, holding the clear plastic bag. A pill was later found in my client's wallet. But my client did NOT bring it into the jail.
After reviewing the video, the assistant DA quickly agreed to reduce the charge from a Third Degree Felony with a range of punishment from 2 - 20 years to a Class A misdemeanor with maximum jail time of one year.
Videos can be very powerful defense tools for DWI's also. They can clearly show that the officer's descriptions on the scene are inaccurate. Some crafty cops will refuse to videotape a person they stop, thinking they can write a report that will be enough to convict. If a jail video can be obtained showing that the person was answering questions, thinking clearly and acting appropriately, for the circumstances, this can go a long way to showing a jury that the cop was WRONG, i.e. NOT GUILTY.
However, these videotapes are only held for a maximum of 30 days, and sometimes a lot less. It is extremely important to contact your lawyer immediately after your release or even before your release from jail so that the video request can be made and this valuable evidence preserved. Without it, innocent people get convicted.
