Monday, March 16, 2015

When can a witness make an ID from surveillance video?



Darius Young v. United States, Nos. 12-CF-1860 & 12-CF-1861 (decided March 5, 2015).

Players:  Associate Judges Fisher and Thompson, Senior Judge Belson.  Opinion by Senior Judge Belson.  PDS for Mr. Young. Trial judge:  Ronna L. Beck.

Facts:  Darius Young was arrested for a daytime carjacking that was caught on surveillance video.  The carjacker’s face was obscured in the video, but his coat was visible.  Police found and arrested Mr. Young after tracking the signal of an iPhone left in the stolen vehicle.  Although Mr. Young was wearing a coat similar to the one in the video, the stolen SUV was nowhere near him and he did not have the iPhone.  At trial, the government relied on identification testimony from a social worker who had worked extensively with Mr. Young and his family the previous year and who had last seen Mr. Young after the date of the carjacking.  The social worker testified that she recognized the carjacker in the surveillance video as Mr. Young based on his face, his stance, his gait, and his jacket.    

Issue:  Was it an abuse of discretion to admit lay opinion testimony from a witness who knew Mr. Young that Mr. Young was the person depicted in a surveillance video of a carjacking?

Holding:  No.  The lay opinion identification testimony was admissible under Sanders v. United States, 809 A.2d 584 (D.C. 2002), because the social worker had had “extensive contact” with Mr. Young, and because her superior ability to identify Mr. Young’s face, stance, gait, and jacket was helpful to the jury.   MW.

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