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. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  2. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  3. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  4. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  5. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

ADVERTISEMENT