Body worn CCTV video cameras come in all shapes and sizes. are easily available on the Internet. Anyone can purchase a wristwatch camera, cell phone camera or button hole camera (see photo below) to name a few. Now you are not only more than likely being video recorded by a public or private CCTV system while walking down the street, but there is also the have the possibility that your lunch time conversation with an ex partner is being video recorded for truth and accuracy.
Our right to privacy is nonexistent in public. No longer can we assume we are having a private conversation if we are outside our home. Is this good or bad news?
Body worn cameras have been used for years by law enforcement to record drug transactions and other illegal activity to bring the illegal activity into the court room. DEA agents as well as the FBI have important work to do and are often accused of altering evidence. Body worn cameras help prove authenticity and avoid false statements like “It was not me” from accused drug traffickers.
Traditionally, audio recording devices were used to record these illegal transactions. However, a lot of money was being spent on voice identification in order to prove or disprove identity when the accused denied involvement. In most cases, police officers and government agents would never sacrifice their reputation, retirement and career by altering evidence for the purpose of making a conviction. I have seen altered evidence in the past but that is another blog post. Wearing a body worn camera is similar in nature to an accident reconstruction video. It brings the crime scene into the court room.
I suspect that one day in the future our government will pass legislation on video recorded evidence that will be presented in the court room. In the mean time, good and bad guys will continue to purchase these body work cameras and use them to record conversations that document activity verbally and visually. That way there is little doubt as to what was discussed or what went on during the audio and video recorded conversation.
Closed Circuit television systems (CCTV) are a very useful tool for businesses, governments, institutions, etc… mainly because they can keep an area secure and safe automatically without human interaction. Some organizations chose to have security personnel monitor the camera surveillance at a location point within the building while others let the closed circuit television system operate on its own while recording what the camera sees. The general rule of thumb for hard drive storage on these CCTV systems is first in, first out. Which means, after a 30 day period, for example, the video footage that was recorded 30 days ago is erased as the new footage from today is being recorded. Technological advancements have contributed this automatic process to the video surveillance method system.
As a video forensic expert, I am being asked more and more to determine if the accused is in fact present in the surveillance video. Previously this has been a little bit outside of my area of expertise, but it is becoming more and more a part of my video forensic practice. I have recently worked on two cases outside of the United States where the source video footage was a CCTV system. One of the sources did portray the person in question plain as day: there was no doubt that the suspect or the person accused was in this video. This very same system on another separate day recorded another piece of video footage. In this video footage, this accused individual claims that there is an entirely different person present. In this particular video it’s not necessarily as plain as day whether or not the suspect is actually in that video.
Aside from this case, I had another case also outside of the United States that involved a similar situation where the accused was said to have been a part of a surveillance video but the accused swears that they were not. And in this second case all I had to work with were photographs of the person in question which I used to compare to the video surveillance evidence. In order to accomplish this, I looked for a shot that seemed to be relatively same in proportion to the photograph. I then exported a single frame from the video out of Premiere Pro and imported that frame into Photoshop for further clarification and restoration in order to compare the two photographs. When comparing the two, I needed to determine if there were any facial, height, nose, ear, chin, head size, head shape, arm length, hand length, or any other body characteristics that were matching up in both pictures in order to determine if it was indeed the same person.
In the first case that I was referring to, I had the opportunity to record an exemplar on the same system that created the evidence video. Now in my professional opinion, this is the way to go about identification if there is any doubt that the accused is a suspect in a crime that was caught on that surveillance system. We coordinated the facility’s surveillance systems with the attorney and the suspect, and the attorney and suspect went back to the exact same location where the evidence video was recorded. They stood in the exact location that the accused supposedly stood in when the crime was being committed. In this particular case, I was able to use the same process of exporting a frame from the video at the most optimum moment from each video– the evidence and the exemplar– and print them out so that the court could look at both images to determine if it is indeed the same person. During the process the attorney asked me to form an opinion based on my experience. It was clear to me that the woman in the evidence video was very different than the woman in the exemplar video. The accused in the evidence video was much taller, her skin was much lighter, and her chin was pointier whereas our exemplar video showed our client as being shorter, having more of a round head, having a much different color complexion, and having a much different nose. On a side note, people can, of course, change their hair color and length very easily, so that should not be a consideration. I was still able to assist this attorney in getting our client acquitted from the charges she was facing.
So, let’s review this entire identification process again. Step one: export the best still frame through the video software that you’re using–I use Premiere Pro and Final Cut Pro depending on the case application. Once the frames have been exported from the evidence and the exemplar, I then import them into Photoshop and clarify the images as much as possible. This does not alter the images but instead helps us more accurately see facial characteristics and body characteristics for identification purposes. I believe the court can use a video forensic expert to aid due process when it comes to identifying a criminal by the process that I’ve outlined in this post.
About a week ago I was called by Wired Magazine and interviewed about cloud storage for evidence sharing. My first thought was that cloud storage is a great technological advance and is very convenient for the courts, police and lawyers who all need copies of audio and video forensic evidence. Then I thought about the chain of custody problem.
I have found that courts and litigators still take audio and video evidence lightly depending on who is presenting the evidence. When authenticated by a forensic expert, audio and video evidence can be a very important tool in the court room.
I have experienced incredible turn around decisions when video evidence is shown in court to a jury. Video is like bringing the scene of the crime into the court room. Of course this works for both defense and prosecution in criminal cases as well as civil cases.
It is a hassle for some courts and police departments to authenticate audio and video forensic evidence as well as to maintain a chain of custody. There is one big problem with cloud storage and audio and video evidence: maintaining a chain of custody of any evidence uploaded and downloaded to and from any type of cloud storage.
On the other hand, I can see benefits to having the evidence available 24|7 for all persons involved in the litigation. A formal procedure will have to be established in order to make cloud sharing of audio and video evidence available.
For example, if the prosecution and defense were each issued a user name and password, the cloud storage service could monitor access as well as maintain the integrity of the original audio or video evidence. This would be fairly simple since most audio and video evidence is in digital form.
It all boils down to both sides agreeing on the identity of the original. If the original is not disputed and can be shared and tracked in a cloud storage environment, then cloud sharing of audio and video evidence can work. Once a dispute arises then the cloud storage environment will face forensic investigation to determine proper chain of custody.
I recently had a video forensic case that involved a dispute between an employer and a former employee. It was a disability case where the employee was collecting disability that they were not entitled to.
The employer’s insurance company hired a private investigator to follow the former employee and catch them on video doing activity that they claimed they could not do. During a deposition the former employee demonstrated how they had a very hard time getting up from a chair and walking across the room.
A few days before the deposition and a few days after the deposition the former employee was caught on video moving in ways they testified they could not during their deposition.
You would think that if a person is going to lie about how they are disabled they would be more careful in public to not act differently, especially with the risk of being caught on video.
We live in an extremely litigious society and many people are looking for an easy way out. An accident occurs at work and they leverage the accident to benefit their financial future. We have all seen the TV shows that catch these people spilling water on the floor then pretending to slip and fall in order to be able to file a law suit designed to compensate them so they have some financial security.
Then there are criminals, many of whom are addicted to drugs, who rob gas stations and convenience stores without considering that there may be video cameras and recorders on the property that can later identify them.
Regardless of your thought process when committing a crime or having fun in public, remember that you are more than likely almost always being recorded on camera. It’s worse to be caught in a lie on video than to be honest and live your life as intended. Money is the root of all evil and a powerful motivator.
I have seen it all after 28 years as a video forensic expert. Children being assaulted and abused, robberies and even murder all caught on video. I have testified in all types of cases that involve video evidence and the purpose of these videos is genuine. Video does not lie and eventually the truth does come out in litigation.
Because there is more audio video evidence being presented in the court system today than ever before, there is a need for professionals to specialize in audio video forensics. A professional who has been practicing audio and video engineering for ten or more years has the experience and expertise to understand the technical aspects of any audio and video recordings. I have been a practicing audio engineer since 1978 and video engineer since high school video class which began in 1975. Back in those days everything that was recorded was analog. Even video was recorded on reel to reel spools of metal particle nylon video recording tape.
A person is not considered an expert witness because of technical experience alone. An audio video expert witness must have litigation experience. I began my litigation experience in 1973 working as a probation officer for the 52-2 district court in Troy Michigan. I minored in criminal justice while attending the University of Detroit. The legal system always intrigued me.
While employed as an audio engineer at Ambience Recordings which used to be located in Farmington Hills, Michigan, I was working with a client–the FBI–on a criminal case in Detroit. They needed background noise removed from a confidential informant wired recording so the court could hear the conversation as it was recorded. The device that was used to make the recording was a miniature reel to reel recorder with 3” tape hubs. The informant wore the microphone near his mouth and the recorder was hidden on his body.
I played the recordings from the Nagra reel to reel recorder into our studio’s mixing board. I then patched in an external equalizer and reduced the background noise by lowering the frequency in the spectrum where noise was and raising the frequency where the voices were. Once I had the external equipment calibrated, I transferred that recording to another Skully reel to reel recorder and made a restored master.
This activity is technical experience. Young people who approach me about becoming a forensic expert always what to know what it takes to be an expert witness. I tell them technical and litigation experience. The easy part is the technical training; the harder part is the litigation experience.
I was quickly becoming a real audio forensic expert. There was not much in the way of video evidence in litigations. However, my first video forensic case came in the form of a hidden camera video recording an employee stealing from the employer. That is when I had the pleasure of meeting Steve Cain. I went to Williams Bay Wisconsin and spent a week with Mr. Cain while he examined the video recording. He was retained by the defendant and I was retained by the plaintiff.
I realized that week that I knew more about video than I gave myself credit for. After all I had video production in high school and then in college. This experience with Mr. Cain made me realize that a video forensic expert was responsible for authenticating video evidence, restoring poor quality video footage, looking for anomalies or edits in the recording and using external electronic devices as tools for the forensic examination process.
Back then, everything was non computer. Since then, I have had continuing education with the American College of Forensic Examiners International and I have become a registered investigator. I have also taken CCTV, digital video certification and other expert witness training which is also a very important characteristic for expert witnesses. Technology changes and the expert witness must keep up with the current trends and new technology of all aspects of audio and video in order to maintain their expert status.
Soon after those early forensic experiences I was actively referred by other experts in the industry including Steve Cain because of my expertise and qualifications.
I became quite experienced testifying and when I took the stand and said what needed to be said about an audio or video recording, I was considered confident. I have been successful for almost 28 years now.
When you are looking for an audio video forensic expert, remember that having an expert who has testified as an audio expert as well as video expert will add credibility to your case and help the court as well as all parties in the litigation better understand the evidence and how it pertains to the facts as they actually occurred.
Does my video have a glitch?
I got a call recently from an attorney who had a VHS tape recording of a traffic stop. The attorney asked if I could determine if the tape had been altered. He went on to describe what his client thought was a glitch. I understand the attorney’s dilemma. On one hand his client who just gave him a retainer said there was a glitch and on the other hand, why on earth would the police officer risk his career, pension and reputation in the community to alter a segment of video?
I have worked on forensic video cases where there was an alteration in a video and others where they had not been any alteration. I have worked for the good guys as well as the bad guys. Every video forensic case I accept and am retained for is different. Some video can be confirmed as original and other video footage can be confirmed as a copy. This is an important aspect to authenticating video evidence. If you believe that your video has been altered then you are entitled to examination of the original.
What is an original digital video?
In my opinion, an original digital video is stored on the hard drive of the system that created the video. Once the video in question has been moved from the DVR (digital video recorder) it could be argued that it is no longer an original. There are some exceptions that vary from state to state. If the video that is to be the original is agreed an “original” by all parties to the litigation then the video is indeed an original.
If there is a “glitch” in the video, as a forensic expert I would want to examine the original digital video source file (ODVSF). That is the file that the CCTV DVR made when the camera (s) were being recorded; the purpose; to see if the same glitch is in that original digital video source file. If the glitch or anomaly is not in the ODVSF it becomes very important to the case as to why the file is different.
One out of ten
A lack of complete digital video evidence, which is similar to a glitch, is a problem. I worked on a slip and fall case where the property owners did not provide the entire CCTV system showing the entire fall. Instead, the victim was given only one camera view out of ten available cameras. The owners tried to tell us that was the only camera view of the incident. Then when I requested a camera grid of the CCTV system (map showing where each camera was located) we discovered that the original CCTV digital video recording had been deleted. This is a pretty big glitch: the glitch that goes UN seen, a reverse glitch.
So the next time you believe your video has a glitch, seek the help of a forensic expert who is a neutral unbiased third party that can form a professional opinion about the video recording used in your litigation.
From the upcoming book, “Caught On Video”
The world of video has become a way of life. What once was a verbal society has become a visual society. Humans began speaking, then advanced to writing. The transmission of thoughts through speech became more advanced, too. The telegraph gave us the ability to communicate to others from a distance. Radio then sent our thoughts over airwaves without wires. Images were projected using light onto screens that brought our thoughts to life!
I don’t know about you, but I think this is all pretty amazing!
Video camera manufacturers had a vision that families would want a way to capture family events just like the previous decade had captured family events with movie cameras. That is where I believe the video revolution began. Video camera manufacturers were right– video cameras soon became present at nearly every major family event.
First there were movies, then television, and now many forms of video. Both analog and digital video has become a way of life in just about every private and public situation. We use cameras at family events, to look at our drains for while doing home repairs, and for medical applications looking at the inside of our bodies. We see cameras in public to patrol our streets to keep us safe; in stores, banks, sports arenas, and even on telephone poles to look at traffic conditions.
Video hit critical mass when Hollywood decided to use it as a medium to distribute movies. Much of what you see in theaters today is from high quality video projection–soon to become High Definition video projection–brought to the theater through wireless transmission. The advancement of video can seem to be moving faster than the speed of light.
Today, surveillance CCTV (Closed circuit television systems) and PDA’s have joined in on the video revolution. Cell phones can even record video at a moment’s notice. To date, nearly every human activity has been caught on video at one time or another. Executions and evangelism, sex, news, wars, crime, our kids growing up, and family vacations have all been caught on video. As a nation, the United States has had front row seating for several major wars, court trials and even funerals like those of Princess Diana and Michael Jackson.
When Oasis singer Noel Gallagher was attacked on stage in Toronto in 2008, a great phenomenon occurred. That night after the concert, dozens if not hundreds of videos recorded on cell phones of his on stage attack were posted on You Tube.
In a 2009 blog post from YouTube, 20 hours of video are uploaded every minute. People have made YouTube their online video home. This is the equivalent of Hollywood releasing over 86,000 new full-length movies into theaters each week.
Early television is like today’s modern digital videoconferencing. Two closed circuit television systems are connected by a wire or by dish and wireless transmission. I am sure you have seen news reporters broadcast from the scene of a crime or accident using this same technology.
This technology is also used for security today for closed circuit television systems. CCTV systems can be viewed live or recorded to a digital video recorder and viewed at a later date, just like television programming. Video is a great security tool.
Video as well as closed circuit television systems were traditionally recorded on VHS tape. Today both systems use digital video recorders. DVR’s record video programming on a hard drive, very similar to computer hard drives. Often times that video information is transferred to DVD discs for viewing on other systems at later dates. In the last ten years, video has served law enforcement, courts and private businesses very well.
I am a huge video buff as well as a video forensic expert. Much of the video that is presented in litigation stands by itself and a video forensic expert is not needed. However, litigators consult with video forensic experts when they feel something is just not right or they don’t understand some of the recorded information. Video forensic experts are educated, knowledgeable and experts at helping litigators understand the multi faceted aspect of video.
I have seen recorded video help litigation for over 17 years. CCTV video has helped determine where a fire started, who the person was on the video recording at a certain time coordinate, and exactly how a slip and fall happened.
Video in the courtroom is a great aid when the truth about a situation needs to be discovered and understood. A video forensic expert’s activity is priceless when questions are asked about the operation of the CCTV system or when only a portion of the video footage is presented as evidence casting doubt on the prosecution or defense. Video does not lie, or does it?
I have been retained on cases for the defense where only a portion of available video footage was provided from a situation that was completely covered. This works against the defense because part of the evidence is missing. I have been asked by National Geographic to examine UFO footage. However, video alteration is not always distinctive and obvious.
Video is like a new language that we all need to speak going forward in 2012. It will entertain, educate, motivate, keep you safe, help your litigation and even grow your business. Take the time this year to learn a little about the power of video because we have truly hit the video revolution!
All video forensics experts are not created equal. However, more often than not, lawyers and private individuals shop for video experts by cost instead of by these four simple expert criteria. I have successfully completed cases where the opposing side in the litigation had their forensic expert removed from the trial because of mistakes or lack of credentials. In fact, I have experienced video editors attempt to classify themselves as video forensic experts in serious litigation only to let their clients down.
In addition, these video editors cast a shadow on the science of video forensics, leaving a bad taste in the mouth of the legal community. This observation has motivated me to publish this article on the four tips of hiring a video forensic expert.
1. Make sure you need a video forensic expert (VCE) before retaining one. Many times the video evidence being submitted in litigation is good as a standalone exhibit and a video forensic expert is not needed. It is mostly the defense that is guilty of wasting money and complicating a case. Only hire a video expert if you believe that the video being used in your case may be altered or may not represent the facts as they occurred. The other way an expert can help is by authenticating the video if you feel it has been tampered with or has portions that were eliminated.
I was a forensic expert on a case where the defense believed the police had altered a video when in fact they did not. Think about it. Why would a police officer risk his entire career altering video evidence? An experienced forensic expert can tell if the video was altered no matter how well the perpetrator may have covered their tracks.
2. Look at the experience of successful cases completed for the forensic expert. How many times has the video expert testified at trial? What types of courts has the video forensic expert testified in? How many articles have they published in the forensic community? Are their methods accepted in the scientific community? Look at the broad scope of their experience and consider how your case fits into their experience.
3. How well do they communicate with you before you retain their expertise? If your personalities do not connect before you begin the investigation, it will only get worse. A good forensic expert will go above and beyond during the course of their service. You can expect to receive their CV (curriculum vita) before you retain them as well as have a pro bono conference call to discuss your case. Determine how they answer your questions on the phone and use that conversation to determine how they will be testifying. Do they communicate well or do they stumble on words and terms?
VFE’s should also be able to explain in plain English how your video evidence is relevant in your litigation. Judges and juries need video evidence simplified, not complicated. A good expert witness will be able to communicate clearly in 6th grade English the relevance of your video evidence.
4. Cost should always be an issue but never the deciding factor. A good expert witness is worth their weight in gold. Plus, those experts who are experienced will get more done in less time. They will also have integrity. That integrity will earn your trust faster than the depth of their experience.
Integrity is the ability to trust an expert witness and know they will be fair with their fee. If you ever feel a lack of trust, fire your expert and demand a refund. As a VFE, I always go above and beyond the call of duty. For me it’s not all about the money. It’s about reputation and integrity which hold up well over time. The cost you should expect to pay a video forensic expert is directly proportionate to their experience.
If any of these four tips seem out of place with an experience you have had or if video evidence was used in your litigation, I would like to hear from you. I learn from my clients as much as I help them. Please feel free to contact me with any questions.
• Always begin with the original video recording. If all you have is a copy on DVD, then load the DVD directly into your forensic software by Direct Capture. Then charge (change?) the VOB extension to your decided video format like AVI.
• Color correct your footage before performing any other clarification filtering. This is especially important if your footage is dark and was recorded at night.
• If you need to enlarge a portion of the video viewing area, do so after you review the footage on a large video monitor. Remember, the larger the playback monitor, the better you can see events in the video and the less you need to enlarge your video.
• Learn the type of equipment that made the video you are clarifying. Often times a poor export may be to blame for the poor video quality.
• Document every step of the clarification process to validate your videos in court.
I have noticed lately that many Americans are being convicted of crimes that they are innocent of in the United States of America, instead of what is written in our constitution: when accused of a crime, we are guilty until proven innocent.
As a result, innocent people are imprisoned and appeal cases are at an all time high. As an audio and video forensic expert, I have experienced a growing percentage of case loads because of the appeal process; persons who have been convicted of a crime that they are innocent of. In these appeal cases, the audio and video forensic process is even more important as the case continues in Appellant Courts.
The forensic process is similar in the appeal court, however; obtaining an original for forensic examination is hard, if not impossible. If the original is no longer available, the challenge is getting both the Court and the convicted to agree on the definition of what is available to serve as an original recording.
Once an original or working copy has been identified by both parties, it is the job of the forensic expert to help build the appeal case almost always using similar audio or video evidence that was used to convict. I often find that during the original trial, the audio and/or video evidence was not properly examined.
Some of the appeal cases I have worked on took place long after the original trial and included analogue audio or video evidence instead of digital. In fact, one case I am currently working on includes a VHS tape. It is interesting to me how a tangible VHS tape is sometimes available in some police investigations and other times not accessible. I find that few government agencies hold onto evidence long after a trial.
In the case where the original has been destroyed, the forensic expert has to rely on a copy to reveal any information to be used in the appeal case. Now the hurdle is to use forensic standards that are acceptable in the scientific community and apply those standards to a copy of the original evidence. This is where a great forensic expert can use all the tools available, both software and hardware, to help build the case.
Without the right software, hardware and experience, the forensic expert cannot properly determine the truths about audio and video evidence for the court.
Experienced forensic experts who have great credentials and understand appeal processes are worth the cost to retain. Expert witnesses help the court understand and interpret the evidence and any evidence anomalies so that the court can make an accurate decision on the case, civil, criminal or appeal.
This is often how the accused was convicted in the first place; lack of understanding by the court of the audio and/or video evidence. A complete understanding of the audio and/or video evidence causes even more restrain in the appeal process than the original trial.
For more information on how you can get a second opinion for the audio and video evidence in your case or the forensic process, call the provider of this article. Every case is unique and may benefit from forensic examination. The results are not always favorable but learning and understanding your evidence will help your lawyer know how to best lead you into the appeal process.
