People v. Taylor

Under silent-witness rule, as applied to visual recordings, where no witness can testify as to authentication of video recording as accurately portraying what was seen or heard, foundation must be established via evidence as to capability of device for recording, competency of operator, proper operation of device, and preservation of unmodified recording; identity of person depicted in video not required for foundation. State failed to establish foundation of digital video recorder videotape placed in high school by detective. State did not establish that tape was unaltered, and did not explain how images shown were transferred from DVR to VHS tape, and tape contained obvious "jumps" in images. Tape was central to State's case and thus its admission was not harmless error.