State v. Biggs

"Testimony by a witness with knowledge that a matter is what it is claimed to be" is sufficient to authenticate evidence. OEC 901(2)(a).

Defendant appealed a conviction for reckless endangerment after driving through a protest. The trial court admitted cellphone videos of the event, authenticated by a witness present at the scene, despite the videos not being presented by those who filmed them. Defendant argued that the court erred by ruling the videos were properly authenticated by a witness who did not record the video but was present and witnessed the events depicted on video. Defendant asserted OEC 901 required testimony from the individuals who recorded the videos to establish their authenticity. The State asserted the witness’s testimony about the accuracy of the videos, based on his direct observation of the events, was sufficient for authentication under OEC 901’s flexible approach. OEC 901 requires "evidence sufficient to support a finding that the matter in question is what its proponent claims." This includes testimony from a witness with knowledge of the event being depicted. The Court reasoned that the witness's testimony that the videos accurately depicted what he observed, coupled with his proximity to the events, provided sufficient grounds for authentication. The Court emphasized that OEC 901 takes a flexible approach, and the testimony did not need to satisfy all factors traditionally used for authentication. The Court held that the videos were properly authenticated under OEC 901, and the trial court did not err in admitting them. AFFIRMED.