2107

Any witness who saw the wheelchair at the scene could authenticate it -- Arden, the bystander, the officer, the EMT, or the tow truck driver.

I do not think the plaintiff himself can authenticate it, without some foundation that he had personal knowledge of what it looked like right after the crash when he was at best semi-conscious.

The questions are:

1) Did you see the wheelchair at the scene? (personal knowledge)
2) Is this it? (authentication)

Questions? Email tanford@indiana.edu and refer to 2107.

What about the cell phone? Every cell phone looks pretty much alike, so if you simply ask a witness to look at an iPhone 6S and say whether it belongs to Arden, an honest witness would have to say that s/he cannot tell. This is common in criminal cases involving fungible items like knives, guns, and drugs. You have to use a circumstantial evidence foundation known as a chain of custody. You could call the officer and ask:

1) Did you look into the front seat of the truck? (personal knowledge)
2) Did you see an iPhone 6S?
3) Did you take that phone, put it in an evidence bag, keep it safe, and bring it to court today?
4) Handing you exhibit 5, is this the phone?

What about the video recording? What witness(es) and what questions? When you think you know, click here