Video tells the other side of the story in the justice system

ORLANDO, Fla. – Video justice!  More and more people are looking to video to serve as their silent witness. 

Especially if an incident involves a law enforcement officer...many times it’s their word against yours.

But with surveillance video from a hotel camera or video from a cellphone capturing what really happened...sometimes what you see can be surprising.

In the three cases I reviewed it was the defendant or their attorney who was instrumental in getting the video to clear the defendant and without it Joya Collins says she would be facing felony charges.


"I feel the video proves what he said wasn't true," said Joya Collins.

Aspiring nurse and college student Collins tells me her nightmare began last Memorial Day weekend when she was arrested at a friend’s pool party.

"I was kind of scared," explains Collins.

According to the police report the 19-year-old grabbed, pushed and pulled on an off duty officer.
Collins denies these accusations. Collins' sister got cellphone video from a friend…showing exactly what happened. 

We have highlighted Collins wearing shorts in the video…you can see her walking away from the officer…the officer grabs her putting his arms around her.

"Once I got the video and took a look at it and took a look at the police report it was very, very clear to me from the get go with what was written in the police report did not line up with what video showed," said Tiffany Colbert, Collins attorney.

After seeing the video Colbert says the arresting officer admitted he was mistaken. Felony charges of battery on a law enforcement officer were dropped.

"Joya, how happy were you that your sister was able to get her hands on that video?" asked News 6 Eryka Washington.

“I’m so thankful and every time I see her boyfriend I tell him thank you so much you don’t understand how much this has helped clear everything up because without that video I would have most likely been charged with this, “said Collins.

However Collins still faces a charge of resisting arrest without violence, a charge her family intends to fight to keep her record clean.

"It’s very easy to see this fella would have lost his case and be hung out to dry," said Bob Wesley, Public Defender circuit 9.

In another case, officers said they were on a drug bust when they knocked on this door and spoke to the defendant first.

But this hotel video shows-- the three officers actually just barged right in.

"The key to this whole case was working promptly to try and discover it. And I really think we have to admit that we were somewhat surprised by what we saw the actions did not comport at all what was in the arrest affidavit which is signed under oath. Then the officer came in and testified again in person under oath in a courtroom and then the bear trap was set right on her ankle," said Wesley.

That's when prosecutors dropped the case in court.

"Bob where would your client be if not for that video?  Would your client be sitting in jail?" asked News 6 Washington.

"Yeah I don't think it was any question about that," said Wesley.

There wouldn't have been any question for James Sowell, either -- he’s the guy in this video who was arrested for DUI. 

In this police report an officer claims Sowell threw his body around and tried to head butt and shoulder him that's when the officer says he had to take him down. 

"You have an officer saying something happened and video showing something drastically different," said Tiffany Colbert, Sowell’s attorney.

The hotel surveillance video was key.

"Which showed the vehicle hadn't moved for two hours prior to law enforcement coming up there.  And you see them walking and they take about 15 steps and all the sudden the officer is taking him down," said Colbert.

All charges were eventually dropped.  As for the officer, a complaint was filed with Orange County Sheriff's Office.

As for the three Kissimmee officers, they were suspended without pay and the Kissimmee Police Department is reviewing all open cases involving these officers.  We did check with the State Attorney's Office but were told they have no update on charges.
 


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