Video evidence is one of the most useful tools in court. You can’t make a case much stronger if there is clear video camera footage of an individual committing, or not committing, a crime. But, as we have learned from our experiences at NCAVF, video evidence is rarely such a cut and dry case. Often evidence is mishandled before it makes it to court.
Last October in Vermont, a man refused to pay for his cab ride and pulled a gun on the driver. James Franqueira was charged with second-degree criminal possession of a weapon, and two counts of menacing.
On the day of the trial, after it had been declared there was no video evidence, DA Richard McNally went over to collect files from the police department, where he found a recording of Franqueira taken by a nearby Valvoline. The video footage clearly showed Franqueira committing a crime, however he was awarded a mistrial.
The mistrial means that the trial process will have to start again, which will be costly for everyone involved.
