# Booking videos in court.



## 263FPD (Oct 29, 2004)

One of our local defense lawyers is now taken up playing booking room videos in court. Attny. Charles McLean brings his own flatscreen TV in to court to play video of the booking of his clients. He is known for defending OUI cases in our court, and some of you may know him. It appears that he has been opti g for a lot more jury trials lately as his favorite Judge in our court is now retired.

I am guessing that for the most part, this new practice is being done to cast the shadow of doubt among the jury as to the condition of his clents at the time of arrest. Knowing Charlie for the past fourteen years of my career, no trick is too dirty. He is a pretty good lawyer, and I must admit that if I was prone to drinking and driving, I would want to have him on my speed dial. McLean is a former cop, and is fairly familiar with our process. I have very little doubt that if the video depicts his clients falling down drunk, he will not play it in court.

Based on this new development, I personally will make sure that video of each of my OUI arrests, is presented by the prosecution. I am almost certain that when a video of a messy drunk is brought forth by our side, Mr. McLean will be filing all kinds of motions to supress. In my opinion, tough shit. What's good for him is good for us. Its fairly easy, just have to remember to govern yourself accordingly knowing that this video will be making it in to court some day.


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## NorwichAlum (Nov 5, 2005)

Last OUI jury trial I had, the jury had to watch the booking video on the defense attorney's laptop which was perched on one corner of the jury box. How they could even see what was going on was beyond me.


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## 263FPD (Oct 29, 2004)

This guy brings in a 32" high def TV. Usually makes his client carry it. It's kind of comical.


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## niteowl1970 (Jul 7, 2009)

I'm responsible for taping and monitoring the booking process. I have to say that in most of the OUI's I've seen come in it would be a bad idea for the defense attorney to show the booking video. I've seen (and I'm sure most of you have as well) violent outbursts, loss of bowel and bladder control, and projectile vomiting. That being said officers need to always be on their best behavior in the booking room and follow procedure to the letter or else these sharks will spin the hell out of it.


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## Guest (Apr 2, 2011)

I have never had an OUI booking video shown in court, because that would put the inevitable bench trial judge in the extremely uncomfortable position of having to actually convict someone.


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## csauce777 (Jan 10, 2005)

Delta784 said:


> I have never had an OUI booking video shown in court, because that would put the inevitable bench trial judge in the extremely uncomfortable position of having to actually convict someone.


+1


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## topcop14 (Jul 13, 2004)

Our video system is F Up and the good attorneys know this and request the video as part of discovery. When we can't produce it because the system is not working they then file a motion to dismiss for withholding evidence. It doesn't matter that the evidence doesnt exist. and the sad part is it works.


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## trueblue (Jan 21, 2008)

I've dealt with him before. Nothing but a clown like most of the others. Keep up the act Charlie, make it look like you're actually trying to defend all these dirt bags.


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## Guest (Apr 3, 2011)

topcop14 said:


> Our video system is F Up and the good attorneys know this and request the video as part of discovery. When we can't produce it because the system is not working they then file a motion to dismiss for withholding evidence. It doesn't matter that the evidence doesnt exist. and the sad part is it works.


Our booking video system is high-definition and works absolutely perfectly; everything is crystal-clear, including video and audio, which is exactly why I predict there will NEVER be one of our OUI booking videos to ever surface at QDC, because that would either totally convince a jury of the defendant's intoxication, or completely shame a bench trial judge into actually convicting someone.

Under the current system, neither can be allowed to happen. The NG's, CWOF's, and dismissals must continue unfettered. Towards what end, I have no idea.


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## csauce777 (Jan 10, 2005)

I was testifying during an OUI jury trial. The defense asked about booking video. I told him (at the time) we had a "view only" video camera in the booking room just for monitoring your prisoner on a screen in the report room. It DID NOT record. I told him that. During his closing, he told the jury I must have destroyed video showing his client wasn't drunk and thats why we didnt have it. WTF?


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## OfficerObie59 (Sep 14, 2007)

263FPD said:


> . I have very little doubt that if the video depicts his clients falling down drunk, he will not play it in court.


Then have the prosecution enter it in to evidence.

We've recorded OUI bookings for as long as I remember. It's sort of a given that when the patrol supervisor who booked in the OUI shows up to court he's got a VHS cassette in hand. We even forbid any non-crucial disturbances to the booking area when the videotape is rolling, and hang magnetic signs on the cell block doors that indicate there's a recording in progress.

In the end, who cares if he show's the video? Perhaps I've given up on the whole OUI thing, but I do the best I can the night of the arrest to put up a solid case and once it's out of my hands it's outta my hands. Attorney's will continue to develop new tricks: A recent last-ditch effort some attorneys have been using is challenging the AlcoTest machine certifications to throw out BAT results. Since _Meledez-Dias_ no longer allows certificates to be introduced as evidence that the machine is properly calibrated, defendants get to demand one of the helf dozen techs from the Office of Alcohol Testing testify to the machines' reliance. As there are indeed only a few techs, you can imagine how often that actually happens. I've seen some judges allow the police department's "keeper of records" suffice, but that at least gets the defendant another date.

In the end, everyone gets paid except the arrestee. I don't argue that's a sad way to look at it, but it's the way it is. Judges wil continue to uphold a OUI trial conviction rate of under 20%, we'll continue to clock at least 4-6 hours of overtime, and the defense attorney will walk away with $5-10k. Until the public demands MEANINGFUL OUI legislation, there will always be new tricks.


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## csauce777 (Jan 10, 2005)

mtc said:


> I think it's sad and pathetic that defense attorneys are the ONLY one's that aren't sworn to tell the TRUTH.
> 
> They get in there and lie lie lie-they don't even have to present any evidence of their accusations of someone else - and it's all OKY DOKY with the court. :stomp:
> 
> AND they slander police - with absolutely no repercussions.


I was so angry when that liar...woops...lawyer, told the jury that I'm essentially a dirty cop that destroyed exculpatory evidence to frame his client. The ADA stood up and the judge "kinda" warned the defense, but the jury heard it loud and clear. That MoFO is lucky I'm lazy or I woulda filed a complaint with the bar and alleged slander and defamation. I'm still angry at myself for not doing so.


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## SinePari (Aug 15, 2004)

What planet do these "booking room videos" come from? Is it the the same one dashcams come from?


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## OfficerObie59 (Sep 14, 2007)

csauce777 said:


> That MoFO is lucky I'm lazy or I woulda filed a complaint with the bar and alleged slander and defamation. I'm still angry at myself for not doing so.


I don't mean to sound dismissive, but that would simply have been a waste of your time. Slander and defamation are legal impossibilities, and according to wifey only an attorney's client can file a BBO complaint.

Dude, it's all a game, and most of the time it's rigged. Play along and you'll benefit. Fight it and you'll go out 72%.


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## TopCop24 (Jul 11, 2005)

I used to care at the outcomes of my OUI trials, but now I don't. I got them off the road that night and got my court time. Win/win situation in my book.


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## Gil (Jun 15, 1998)

TopCop24 said:


> I used to care at the outcomes of my OUI trials, but now I don't. I got them off the road that night and got my court time. Win/win situation in my book.


Same here, as long as they are off the road and the vehicle is not accessible while they are three sheets to the wind I am happy. I could care less if it goes to trial anymore the asshole liberal judges in the mass courts seem to give everyone more of a break than they deserve, I'm all set with having my education, training and experience questioned on a regular basis, all that does is raise my blood pressure and for what. It's just not worth it, lock em up, state the facts and call it a night.


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## 263FPD (Oct 29, 2004)

TopCop24 said:


> I used to care at the outcomes of my OUI trials, but now I don't. I got them off the road that night and got my court time. Win/win situation in my book.


I used to get pissed when I lost. I started doing better reports and stopped giving a shit weather I won or lost. GUess what, now I rarely lose. Yet I still don't care. Win or lose, I win and the public wins. At least that night, the douchebag doesn't het to kill someone's family member(s).


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## GARDA (Dec 30, 2003)

Words to live by in this profession:
"_*Without passion or prejudice*_".
Stray from them at your own peril.


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## Guest (Apr 6, 2011)

263FPD said:


> I used to get pissed when I lost. I started doing better reports and stopped giving a shit weather I won or lost. GUess what, now I rarely lose. Yet I still don't care. Win or lose, I win and the public wins. At least that night, the douchebag doesn't het to kill someone's family member(s).


I never get the chance to win or lose...the inevitable CWOF's (without me ever appearing in court), straight dismissals (without me ever appearing in court) and NG's (again without me ever appearing in court) take care of that.

One definition of insanity is doing the same thing over and over again, expecting a different result.


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## Gil (Jun 15, 1998)

Delta784 said:


> I never get the chance to win or lose...the inevitable CWOF's (without me ever appearing in court), straight dismissals (without me ever appearing in court) and NG's (again without me ever appearing in court) take care of that.
> 
> One definition of insanity is doing the same thing over and over again, expecting a different result.


Looking at a regulars bop the other night, 97 entries and about 85 of them where CWOF, DISM or NG. of course all had court cost involved, It's all about the Benjamens and little to do about correcting or changing the behavior of said subject.


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## grn3charlie (Jul 18, 2005)

csauce777 said:


> I was testifying during an OUI jury trial. The defense asked about booking video. I told him (at the time) we had a "view only" video camera in the booking room just for monitoring your prisoner on a screen in the report room. It DID NOT record. I told him that. During his closing, he told the jury I must have destroyed video showing his client wasn't drunk and thats why we didnt have it. WTF?


That has always burned my ass. They can lie all they want and get away with it. I prefer to play by the rules because I can sleep at night knowing I am not a fraud win or lose. But they should have to play by the rules or jeopardize their case. Further, as far as that guy being a former cop, any cop that goes into the defense business is a scumbag. They know what we are up against and pull these shennagins.


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