Saturday, August 9, 2014

Here is a link to my recent Red Light Camera Case Decision. The Judge ruled primarily on evidence authentication. As I've pointed out previously, the evidence presented in court was "authenticated" by means of a red stamp "true and correct evidence from " either Ventura Police Department or Redflex Traffic Systems. The photos and video from the intersection cameras are properly viewed as secondary evidence which must be authenticated, either with appropriate notations on the documents or by a statement from a witness present that he or she personally made the copies and has personal knowledge that the original documents exist.

Note that the Judge also ruled on an issue of Prosecutorial Authority as the City Attorney tried to serve as a prosecutor while he has never been so authorized by the District Attorney and the City Charter authorizes him to so serve only when the City has decided to prosecute certain misdemeanors. (This was an infraction case.) Nevertheless, he assured the Judge that he's done this dozens of times at the request of a "police officer" and that the DA had abdicated his option to prosecute the instant case. I doubt that the case outcome would have been any different but felt that this issue should be addressed and dealt with.

If you examine documents before or during a trial, and they have red stamps on them without any signature or badge number on them, you should object to the introduction of all such documents and to any testimony from the prosecution based on such documents. If they are excluded, the case is out the window.

1 comment:

  1. The King Casino | Situs Judi Slot Online Terbaik 2021
    Play online Pragmatic https://febcasino.com/review/merit-casino/ Play Slots at The King deccasino Casino - Member Baru https://septcasino.com/review/merit-casino/ & Terpercaya 2021! https://deccasino.com/review/merit-casino/ Rating: 98% septcasino · ‎240,388 votes

    ReplyDelete