Thursday, July 22, 2010

BP photoshops fake photo of crisis command center

A popular blogger has caught BP taking liberties with images that it posted on its web site. For the whole story, click here.

Enjoy.

Wednesday, July 21, 2010

Variations in CS5?

A question came up in today's class about the missing Variations adjustment option on some of the students' machines.

Here's the explanation from Adobe, "Note: The Variations command is unavailable for indexed-color images, 16-bit images, and 64-bit versions of Mac OS."

Also, Send Video Preview to Device and Video Preview are only available in 32-bit versions of Photoshop CS5.

Here's a note on the TWAIN issue some have reported: "TWAIN - The TWAIN scanner plug-in is no longer installed with Photoshop CS5, but is available via web download. Supported when running Photoshop CS5 on 32-bit Windows or 32-bit Mac OS. Also supported as a 64-bit application on 64-bit Mac OS with scanners that support 64-bit scanner drivers. The TWAIN scanner plug-in is also supported if you run Photoshop CS5 as a 32-bit application on 64-bit Windows or 64-bit Mac OS."

To run Photoshop CS5 on Mac OS as a 32-bit application:
Select the Adobe Photoshop CS5 application file, installed by default in the Applications/Adobe Photoshop CS5 folder.
Choose File > Get Info, and select Open in 32 Bit Mode.
Deselect this option to run Photoshop CS5 in 64-bit mode.

Enjoy.

Tuesday, July 20, 2010

Police may be overlooking video evidence

From The Province's Ethan Baron: "Hundreds of evidence videos — including one related to a possible shooting and one from a drunk-driving case — seized by Vancouver police gathered dust in storage, unanalyzed, an internal report shows.

Of about 1,400 videos the force received in 2008, up to 600 were not analyzed as of April 2009, says a June 2009 audit of video-evidence management in the Vancouver Police Department.

"Public safety and the reputation of the VPD could be seriously jeopardized if significant forensic-video evidence was missed or overlooked," audit manager Simon Demers wrote. "The VPD could also face substantial civil liabilities."

Video evidence has extremely high value to police, Demers noted.

"It can be more easily scrutinized by the court and is typically more objective than witness statements. Video evidence cannot be prejudiced or intimidated," he wrote.

In the investigation stage, videos can greatly benefit police -- and taxpayers, Demers noted.

"Forensic video analysis can be extremely cost-effective because it represents an opportunity to quickly and decisively identify suspects and key witnesses, therefore shortening the investigation, freeing up traditional investigative resources, increasing the likelihood of a guilty plea and reducing police and court costs. Video evidence can be used to decisively confirm or refute alibis."

Click here to continue reading the article.

Enjoy.

People v Khaled

From People v Khaled (Case No. 30-2009-304893 - Ca. Superior Court - Appellate Div. - Orange County): "... the police department of the City of Santa Ana issued a traffic citation to the appellant alleging a violation of California Vehicle Code section 21453, subdivision (a). A traffic trial was held on the matter ..."

This is how it started. In order to prove it's case against Khaled, photographs were introduced to show Khaled driving through an intersection. Khaled objected - asserting that the introduction of the photos (and declarations by the police officers in support of the photos) were inadmissible hearsay. The trial judge overruled the objection and admitted the photos as "business records, official records, and because a proper foundation for the admission had been made based on the submitted declaration."

On appeal, the appeals court ruled that the trial court erred in admitting the photos over Khaled's hearsay and confrontation clause objections. With the photos gone, the judgment was reversed.

But wait, there's more ...

The court declared the "date, time, and other information" hearsay evidence as the person who entered that info into the system did not testify, nor was he/she subject to cross examination.

But wait, there's more ...

The person or persons who maintain the system didn't testify. "No one with personal knowledge testified about how often the date and time are verified or corrected."

Oh, we're not even close to being done yet ...

"The person with direct knowledge of the workings of the camera-computer system did not testify. Instead, the prosecution chose to submit the testimony of a local police officer ..." "This witness testified that sometime in the distant past, he attended a training session where he was instructed on the overall working of the system at the time of the training ..." The officer "was unable to testify about the specific procedure for the programming and storage of the system information."

It just keeps getting better ...

I think that you know where this is going. Take a look at the published ruling. I can think of many situations where this will apply. How many can you think of ... ?

Enjoy.

Monday, July 19, 2010

People v. Beckley

The s***t storm has already begun. The cat's out of the bag. Motions have already been filed relating to the Beckley decision on the authentication of images taken from on-line sources.

If your agency is in (or does business in) California, you'll need to understand how this ruling will impact your casework. It's best to get ahead of these things.

There aren't many labs out there that can provide this level of service. If you need help, send me a note and I'll get you an appropriate referral.

Enjoy.

Friday, July 16, 2010

Work Every Case Like It Is Going to Court

Wrapping up the series on authentication, I'm going to point you over to the Ex Forensis blog for a post by Lars Daniel that deals with his first time testifying as an expert.

"Work Every Case Like It Is Going to Court
A case can take a long time to get to court. Make sure to take copious notes during your examination and to perform a thorough investigation when working a case. Most likely you won’t get a second chance. Since a “do over” is basically non-existent when performing an investigation, do everything in your power to get it right the first time. Can you remember what you were doing a year ago this time? I barely can. Document your work thoroughly so you remember the case you worked a year ago."

Part of the preparation should include researching relevant / recent case law that pertains to the case that you're involved with. Don't depend on the attorney to know this info ... you're the expert. If you have a packet of case law, make sure that you give it to your attorney with plenty of time for him/her to digest it. There are quite a few cases cited here on the blog. But, I can't post everything. If you find something that's not listed here, and you think that it should be ... send it in.

Enjoy.