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Decision  Commonwealth v. Connolly

Date: 05/25/2017
Organization: Appeals Court
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Commonwealth v. Connolly

Commonwealth v. Connolly
Appeals Court, May 25, 2017
(Evidentiary Issues/Lost Evidence)

The Commonwealth is still required to authenticate evidence (in this case a lost video recording) when, that evidence has been lost or destroyed through no fault of the Commonwealth and is not available at trial but, testimony about its content is offered.

A judge may admit a witness’s lay opinion identifying a person on a video, that has been lost or destroyed through no fault of the Commonwealth and is unavailable for trial, if the appropriate foundation is laid and the testimony is not excludable under some other evidentiary rule.

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