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Hey everyone I need some advice on how to establish chain of custody on a CAC videotape. Scenario: CAC worker interviews child, gives tape to Sheriff Deputy of different county than being prosecuted in who then sends copy to local PD who then passes tape to DA's office. Tape sent is blank because copy. Called Sheriff's office for new copy Deputy that CAC worker gave original to is no longer employed at that office so another deputy copies and sends to DA office. How do I establish Chain of Custody? Case = Juvenile Agg. Sex Assault child Jury trial this monday. Any advice would be appreciated. | ||
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Probably the best way to get the tape in is to have the CAC worker establish that she conducted the interview, that it was recorded, and that the recording accurately depicts the interview. Also that nothing has been deleted, altered, etc. Avoid going into who got the tape, made the copies, etc. That's not required -- just a predicate that the tape accurately depicts what it purports to depict. | |||
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Just answered my own question after reading some cases and they said same thing. Thanks for advice. | |||
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I get objections based on chain of custody for videotapes all the time. You also will find defense attorneys objecting to photos because the person who took the photo is not testifying. Both of these objections are completely wrong. Always remember that chain of custody should only apply to things where the chain is relevant, like drugs that are tested by one person after seizure by another--in that case you need to show that the drugs seized are the same as the drugs tested (one white powdery substance may look much like another, after all). But for pictures and videos, the person who was there can tell you by looking at it whether it has been altered and if it is accurate, so chain of custody doesn't matter. | |||
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All of which is covered in the Predicate Manual, as attendees of the Predicate Bowl can report. Those survivors never forget. | |||
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"Here he comes to save the daaaayyy. WONDER DOG, wonder dog, WONDER DOOOOOOGGGGG!" John, that reminds me that I just wanted to say Thank you for: (1). Ruining that song for me (not that I really listened to it that much). (2). Sticking that SOB in my head for the remainder of the seminar. and (3). putting it right *$*$^ back bringing up the Bowl. Thanks again. | |||
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