In a theft case can witnesses talk about what they thought they saw on a lost videotape? 3 Answers as of July 04, 2013

In a theft case can a witness testify about a lost videotape when that's the only evidence? Since it's lost I can't counter the lies.

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Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
I need more info. What did they see on the tape? Where did the tape come from? Why is it lost?
Answer Applies to: Washington
Replied: 7/4/2013
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
That's a complex question which would require research. But the answer is likely yes.
Answer Applies to: Washington
Replied: 6/26/2013
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Possibly. Ordinarily a witness can testify to what he or she observed. However, if there is impeachment evidence that has been lost or destroyed, your attorney may have the witness disqualified. If the police or prosecutor lost the tape, your attorney may file what is called a Brady Motion. Basically, that case says that if the state (cops or prosecutor) has lost or destroyed exculpatory evidence; i.e. evidence that tends to negate your guilt, the court may grant a motion to dismiss. Your lawyer will need to do some legal research on this issue but you may get out of this mess. Also, if the court denies your motions, the witness may be cut down because of the lack of corroborating evidence.
Answer Applies to: Washington
Replied: 7/6/2011
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