In the complex world of criminal justice, sometimes, cops lie, and sometimes, witnesses lie. Despite my disdain for technology, digital evidence can benefit a case by unearthing the truth. When conflicting accounts cloud the truth, digital evidence can be crucial in discovering what happened.
A prior client referred Tex to my law practice, who had a history of minor violent crimes, including battery and bar fights. Despite his contact with the criminal justice system, he maintained a responsible and well-paying job in the restaurant equipment industry.
Tex arrived at my office after being accused of fondling a woman under her skirt and grabbing her by the throat when she took exception to it. Tex vehemently denied these allegations. He said the incident began when everyone was drinking and socializing at a bar, and the woman disliked what he said. He stated she appeared intoxicated, and started yelling and making a scene. According to Tex, it was she who struck him in the neck. Her male friends came to her defense and told him to take it outside, where a fight ensured, and they got the worst of it. Consequently, they called the police and gave four sworn statements that Tex fondled and grabbed the woman. Despite the sworn statements, Tex maintained his innocence and would not accept a plea deal from the State.
The Investigation Begins
As part of my standard protocol, I sent an investigator to the restaurant to obtain surveillance video from the evening of the alleged incident. It is important to obtain the video promptly to preserve the evidence before it is destroyed. The restaurant management advised that they needed corporate office approval to release the video, with some vague assurances they would provide it without a subpoena. Meanwhile, I scheduled a deposition to question the alleged female victim under oath with a court reporter present. Two days before the deposition, I received the video footage.
Observing Human Behavior at the Bar: Insights from Surveillance Video
The surveillance footage was initially mundane. Then, the action started. I found it fascinating to watch human behavior at a bar. People arrived sober, exhibiting conservative body language and cautious eye contact. However, after consuming a few drinks, physical contact and conviviality increased.
The footage showed my client, Tex, standing near the female accuser, who was talking to another guy. Tex walked up and spoke to her. As the video lacked audio, I could not hear the exchange. The woman then slapped Tex and grabbed him by the throat, and he responded by putting his hands in the air. Her male friends quickly intervened, causing a scene that continued outside. This incident led to Tex being ejected from the bar by management.
What is most startling is that the surveillance footage showed that the girl was not wearing a skirt, as she alleged; she was wearing jeans. This crucial detail was the turning point in this case, as it called into question the accuracy of the accusations against Tex.
Seeing is Believing: Uncovering the Truth
It was mind-blowing to witness the coordinated, embellished lies these people told, driven by a mob mentality. Now, they were stuck with their stories. It is a crime to give a false sworn statement to police. With the video, it was impossible to continue their deception.
Before the advent of surveillance video, uncovering the truth relied heavily on interviewing multiple witnesses to get an accurate and honest version of events in cases where the facts did not match. In this instance, the video clearly showed the contradiction between what the woman described under oath and what truly happened at the bar. She was in trouble.
The Deposition
I had an audio-visual technician ready to run the video player during the deposition. Before presenting the footage, I went through the discovery phase of the deposition and put the alleged victim through rigorous questioning. I asked for her background information, confirmed her activities leading up to the time in question, and confirmed her claim of wearing a denim skirt and white top.
I then asked, “So, you still take the position of your statement about what happened? Tex put his hand up your skirt and was kicked out of the bar? You understand you are under oath and subject to perjury penalties, correct?”
The prosecutor showed signs of indignation. I paused deliberately, giving a cold stare–a tactic that every defense attorney knows well. Then I asked, “Why did you tell a bold-faced lie?” With that, there was an uproar and visible discomfort.
I motioned for the technician to display one frame from the video with a clear date stamp, showing Tex in the bar. The footage revealed that the girl was wearing jeans, not a skirt. I saw the alleged victim gulping, sweating, and turning red. The video footage dismantled her story entirely, discrediting her allegations and the falsehoods in her testimony. The only part of her story that was true was that Tex was asked to leave the bar.
Protecting the Innocent
I often wonder how many innocent people are wrongfully charged and convicted based on false testimony without digital evidence to clear their good name. In this case, the accuser was well-educated, had a professional career, and appeared to be a credible witness, but she was lying or at least had a flawed memory.
The State’s case folded like a house of cards, and the other witnesses were nervous and uncomfortable. I questioned each one of them about their lies. The language doesn’t fly well with the prosecutors, so now I was the antagonist in the room except in my client’s eyes. The case was ultimately dismissed. Without the surveillance video, my client may have been unjustly convicted.
Technology and the Truth
Criminal defense attorneys may not have video evidence for each case today, but they are armed with the knowledge that people embellish and lie. In this case, the accusers were determined to push their narrative, ensuring the prosecution of Tex. This scenario is not uncommon in American courts. In the past, defense lawyers had to rely on the testimony of police officers and witnesses. I get shivers to think about how many wrongly convicted innocent people sat behind bars based on the power of the spoken word.
Today’s technology includes social media posts, cameras at street traffic lights, surveillance cameras, body cameras, and recording devices like smartphones. These tools exist to capture the truth and everyone is under constant observation. This phenomenon extends into the criminal justice system, allowing us to introduce hard evidence in criminal prosecutions. This shift has revolutionized the criminal justice landscape, making it possible to protect the innocent more effectively in courtrooms.