Testimony properly authenticates video

Back to TopCommentsE-mailPrintBookmark and Share

A video showing two brothers outside a home where a drug deal occurred was properly authenticated for trial, the 7th Circuit Court of Appeals ruled.

Brothers Constantino and Nicholas Cejas appealed their convictions for conspiring to supply Brian Denny and other individuals in Indiana with over 500 grams of methamphetamine. They argued, in part, the video recorded by a pole camera near Denny’s Terre Haute home was inadmissible at trial because it was not properly authenticated.

Agents from the Federal Bureau of Investigation filmed Constantino at Denny’s home on Feb. 8, 2011. They also recorded Constantino returning with his brother Nicholas on Feb. 14, 2011.

The second video shows the brothers arriving in a pickup truck then Nicholas walking to the back of the truck and getting into a toolbox that was attached to the bed of the vehicle. The recording also shows the brothers leaving the home and going to the toolbox before driving away.

Agents pulled the pair over and seized two guns and $8,000 in cash that was in the toolbox.

Denny testified that during the Feb. 14 visit, one of the brothers placed 4 ounces of methamphetamine in his microwave in exchange for $8,000.

On appeal, the brothers assert the video showing them outside Denny’s residence on Valentine’s Day should not have been admitted at trial because the government had not established a proper foundation to authenticate it.

The court rejected the argument in United States of America v. Constantino Cejas and Nicholas Ceja, 12-3896 & 13-1034. It pointed to trial testimony from Denny and FBI Special Agent Ed Wheele who both had the knowledge to support the finding that the video was what the government claimed.

Wheele confirmed that the pole camera was monitored throughout the investigation and was consistently producing accurate results. Also, the video was stamped with the precise date and time.

“The brothers give us no sound reason to doubt the video’s authenticity,” Judge Ann Claire Williams wrote for the court. “They do not argue, for example, that the scene depicted in the video did not occur outside of Denny’s home, or that they were not the individuals seen in the video. They fail to give us any reason to believe the video was spliced, or improperly altered in any way, or that the pole camera did not accurately record the events are they unfolded.”

Editor’s Note: The court indicates in a footnote that the brothers’ last names were spelled differently in the lower court and in their briefing before this court, the result of an administrative error. The correct spelling is Cejas. The 7th Circuit used both spellings throughout their opinion.



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...