Through our experience helping clients find, enhance, and present both audio and video evidence, we’ve seen a few issues with one side mishandling audio or video evidence. Last year in October a Vermont man named James Franqueira refused to pay for his cab and pulled a gun on the driver.
Video surveillance footage was taken by a nearby Valvoline. The video footage was captured by the police but never listed as evidence.
On the morning before Franqueira’s trial the DA learned there was video surveillance evidence. “The contents of my case file did not get turned over to the DA,” said Det. Ronald Epstein, the lead detective on the investigation. It was on his desk.
This mishandling of video evidence happens often. It’s not always detrimental to the case, but in this video footage Franquiera can be seen on camera, committing the crime. The judge awarded a mistrial, and Franquira will have to be retried by the Vermont DA. A very expensive process for everyone.
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