This final part in the Felder v. MGM series examines whether the defendant's 14-day video overwriting policy was reasonable under the circumstances and explores critical questions about the policy's defensibility.
[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] Can a witness authenticate a video if the video contains images that the witness did not see? In Md. Supreme Court to rule on Baltimore criminal case involving video authentication…
At trial, the State played one video of Brooks-Anderson taking bags filled with cash out of a cage and organizing them on a cart, and another of him loading bags from the cart to the truck. In addition to the video played at trial, the State’s witnesses testified, over Brooks-Anderson’s objection, about portions of the security footage that were not played at trial or made available to either Brooks-Anderson or the State. On appeal, Brooks-Anderson contends that the circuit court erred in allowing this testimony because it violated the best-evidence rule. We disagree. [emphasis added]