Skip to main content

Analyzing photo evidence.

It has been some time since I have blogged and with good reason.  I have been very busy the past few months working in back to back trials. All the cases were very interesting to say the least and they all had one common link, a plethora of photos. It has occurred to me over the years that there is tremendous value in studying photographic evidence with “fresh eyes”. All of my recent cases had a similar theme of the case team unearthing facts just with the photos. Facts that were either previously over-looked or perhaps just missed by prior counsel.

One particular case team I work with has made a habit of creating a “crime scene” review on the wall with photos. This allows for a chronology effect for ease of review and is very helpful. I have been able to recreate this effect with Cooliris and some careful numbering of photos in the digital environment. Reviewing photographic evidence with a logical progression is like telling a story and you would be amazed at what you may find.

As a trial consultant I may have only days to learn as much about a case as possible. Therefore, before review of key depositions and expert reports I am off to the photos (if any). I like to study visual aids to see what if anything jumps out at me or raises an eyebrow. A few years ago I was involved in a brutal rape case which was well photo documented by a large metropolitan police department. Amazingly the study of the photos by both me and the case team revealed potentially astonishing facts. Information which the investigating police officers had completely overlooked or just did not bother to report.

The case went on to settle but had it not the defense was armed with a battery of fantastic photo evidence questions. Questions which would have had any juror scratching their head and saying, “wow look at that…” Veteran case teams know common sense usually goes very far with jurors as opposed to combating expert mumbo jumbo.

Certainly the tampering of digital photos is an ongoing concern. However many of these suspicions can be relieved by the review of a competent forensics expert in any case. Not surprisingly I have seen recent juror questions inquiring about this very thing. After getting both counsel to agree to the authenticity of the photos the judge provided the jury with that instruction. The CSI effect strikes yet again!

In closing I would suggest to any case team that there may be fact patterns hidden in your photo or video evidence. Having a fresh set of eyes review this data whether a paralegal, consultant, associate or family member may reveal some surprising information. And this is information that your jurors may pick up on which in turn are potential questions which may go unanswered. Don’t leave them guessing in the deliberation room but rather arm them with all the visual tools they need to decide in your favor.

Popular posts from this blog

Analogies and the courtroom.

"One good analogy is worth three hours discussion." - Dudley Field Malone Over the years I have seen so many complicated concepts vanish into the nether void of the courtroom. Moreover uncomplicated concepts or facts which became bogged down in lawyer speak. One of my jobs as a trial consultant is to assist with breaking down these concepts and facts. The end result is to use visual communication as a tool to help a jury absorb and understand this information.  One of the biggest tools in assisting with this goal is a good analogy. An analogy is defined as non-identical comparisons between two things, with a resulting similar explanatory effect. The best case teams I have worked with over the years have mastered the use of analogy in their presentations. This has been a constant tool and point of interest in my professional career. One of the first things I do when I join a trial team is read all the expert reports. This gives me an instant foundation of the case to...
Read more

Video Deposition Tips.

The witness is a doctor who had surgery duties today and he or she is exhausted. Opposing counsel prepped them while you waited in the lobby with the court reporter for what seemed like an eternity. Finally, the videographer walks out to the lobby to verify the equipment is setup and the prep session is over. You sit patiently and wonder if the sound of your stomach rumbling with hunger pains will be captured by the microphone. What else could go wrong? Unfortunately, in a video deposition much more. My big break in the litigation support industry was about 15 years ago. I took what I thought was a summer job as a legal videographer. Little did I know what was about to happen in terms of my career path. I only lay that foundation because even now so many years later little has changed with video depositions. OK, sure now we have better technology but the basic underlying mistakes made are the same. So I just thought I would share a few tips and observations here on my blog. There a...
Read more

Technology and the Chewbacca defense.

Over the years, I have been asked by several case teams about the dangers of using tech in the courtroom. Most of these inquiries were founded in the belief that technology may be too slick. Or perhaps the jury may infer the client has a tremendous amount of resources to spend on the case. Of course, ten years ago those were valid concerns, but not in our current age of increasingly tech savvy jurors. However, there are also still many pockets of resistance amongst the general populace. Therefore, we must consider the ramifications of letting the technology overwhelm the audience. Interestingly enough, I am not referring to the technology you may use in your own presentation. Instead, those tools which are employed by your adversary. In my experience, there has been a very subtle increase in the use of technology to confuse the jury. The presentation could be an overcomplicated graph, animation, or demonstrative of some type. These examples are almost always supported by the tech/la...
Read more