Testimony properly authenticates video

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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.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. 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.