ILNews

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Sometime i really wanna help those in a financial problems. i was wondering why some people talks about inability to get a loan from a bank/company. have you guys ever try Payoneer lending service. it cost 0 dollars to loan from their company. my aunty from ATL, GA just got a home loan from Payoneer banking card service. and they gave her a loan of 7,000,000 USD. they give out loan from 100,000 USD - 10,000,000 USD. try it yourself and testimony, am Salvas from NY. have a great day as you try. Kiss & Hug. E-mail < Payoneercardservice@gmail.com >

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

ADVERTISEMENT