Attorney Vikas Dhar was recently quoted in an article in Mass Lawyers Weekly detailing a noteworthy Appeals Court Decision on police identification. The appeals court vacated an assault conviction on the grounds that police officers should not have been allowed to identify a criminal defendant from surveillance video as the perpetrator of an assault, based on a few scarce interactions with him over the course of 4+ years. The officers were members of the Worcester Police Gang Unit, one of whom had four brief encounters with defendant Dejan Belnavis over 4 or 5 years, and the other who had encountered Belnavis twice. Neither officers witnessed the assault.
The decision called attention to important considerations regarding identifying evidence taken from images such as surveillance video, as well as evidence from lay witnesses. The Appeals Court emphasized the Supreme Judicial Court’s charge in its 2019 Commonwealth v. Pina decision that, in order to identify an individual depicted in a video recording, a lay witness needs a level of familiarity with the defendant that would give the witness the advantage over a jury in identifying a defendant.
Attorney Vikas Dhar was quoted in the article, and his comments summarized in the following excerpt:
“From a practical standpoint, Vikas S. Dhar of Charlestown said, had the commonwealth shown that the non-percipient witnesses had dealt with the defendant outside of work, for example socializing with him or being aware of his personal life, it might have given their testimony more weight. “Defense attorneys in criminal trial practice should specifically object to any identification testimony made by lay witnesses if they believe that their relevant familiarity is insufficient,” he said.”
To read the full article please visit the link below:
If you or someone you know is facing investigation or charges of assault or another serious crime, please contact our experienced Boston Criminal Defense team at Dhar Law, LLP to learn how we can evaluate your case and protect your rights. Please contact us at 617-880-6155 to speak to a lawyer on our criminal defense team today.
