This case involves allegations of evidence tampering in relation to a commercial transportation accident. A shipping container weighing approximately 20 tons was being lifted onto a ship by an industrial crane. As it was being hoisted up, the container dropped from a significant height killing 2 longshoremen and damaging the cargo inside. The crane had a DVR which recorded the incident. However, when OSHA attempted to retrieve the digital video footage from the crane, it was unavailable. It was alleged that the crane operator tampered with the video footage in order to conceal an operational error. An expert in digital video forensics was sought to determine whether or the digital video recorder was tampered with and, if possible, to retrieve the footage.
Question(s) For Expert Witness
1. Please discuss your background in digital video forensics.
2. Are you able to review the case and/or inspect the video system to determine if there has been any tampering of evidence?
Expert Witness Response E-074592
I have extensive experience in digital video forensics and have been practicing for 15+ years. I would be able to review the case and inspect the video system to determine if there has been any tampering of evidence. DVRs record on endless loops and may store information for up to 4 weeks. Most video systems record over the oldest files with the newest information once the system's hard drive is full. In addition, I am aware of proper protocols and standards for handling such a device. Recovering deleted footage is possible, however, it is not guaranteed. I have worked on several cases that involved digital video recorders.
About the author
John Lomicky
John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.
