People v. Collins

This case presents question as to whether trial court, in instant prosecution on charges of unlawful possession of weapon by felon, properly admitted video of foot chase of defendant that was partially caught on body camera of police officer under circumstances where audio included hearsay statements from officer regarding where he saw gun during said foot chase. Appellate Court, in reversing defendant’s conviction and remanding matter for new trial, found that Enforcement Officer-Worn Body Camera Act, which provides that recordings of body camera may be used as evidence, did not allow for admission of body-worn camera video without evidentiary limitation, and that statements made in video were inadmissible hearsay. Moreover. Appellate Court observed that because evidence regarding defendant’s possession of gun essentially consisted of said officer’s testimony, instant error was not harmless. (Dissent filed.) In its petition for leave to appeal, State argued that audio portion of body-worn camera video need not comply with rules against hearsay, and that, in any event, instant audiovisual recording did not constitute hearsay evidence. Alternatively, State asserted that any error was harmless, where recording duplicated officer’s live testimony at trial.