The Confrontation Clause strikes again. A California Superior Court ruled in People v. Khaled that “Red Light Camera” Photos was impermissible because no one with personal knowledge testified about how the system was maintained. From the opinion:
the photographs contain hearsay evidence concerning the matters depicted in the photographs including the date, time, and other information. The person who entered that relevant information into the camera-computer system did not testify. The person who entered that information was not subject to being cross-examined on the underlying source of that information. The person or persons who maintain the system did not testify. No one with personal knowledge testified about how often the system is maintained. No one with personal knowledge testified about how often the date and time are verified. The custodian of records for the company that contracts with the city to maintain, monitor, store, and disperse these photographs did not testify. The person with direct knowledge of the workings of the camera-computer system did not testify.
Oddly, the Court did not cite Crawford or Melendez-Diaz.
H/T Legal Blog Watch: