Data Gathering for Animations & Analyzing Opposing Animations. IATAI Conference 2017

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1 Data Gathering for Animations & Analyzing Opposing Animations IATAI Conference 2017

2 PRESENTATION AGENDA What you will learn today About the Presenter Demonstrative Evidence Production Process What we will cover during this Break Out Admissibility: Rules Of Evidence Sample Animations Evaluating Opponents Animation

3 PRESENTED BY Sgt. Michael O Hern Tinley Park Police Department Supervisor, Traffic Crash Division O Hern Traffic Accident Consultants, inc., President

4 ANIMATIONS ARE CONSIDERED DEMONSTRATIVE EVIDENCE? When could you Use it? Evidence addressed directly to the senses without intervention of testimony Illustrates the testimony of a witness Helps the jurors understand the facts of a case

5 USE OF ANIMATIONS How could it benefit your case? Visual presentations can create a unified view of evidence among jurors Jurors tend to retain what they see longer than what they hear Describe or explain ideas that are difficult to verbalize Clarify contradictory facts in dispute Visualize very complex or technical issues Illustrate elapsed timing of events too short or long to show in real time

6 GRAPHICS SOFTWARE Production Applications 3D Studio Max Poser AutoCad Architectural Adobe Creative Suite 3D computer Graphics program 2D and 3D Photoshop graphics software For creating Computer-aided Illustrator application 3D human figures Design and Drafting Software Premiere & After Effects Media Encoder

7 OPEN SOURCE SOFTWARE ALTERNATIVES 3D Studio Max Blender Poser MakeHuman DAZ Studio Design Doll AutoCad Architectural Sketchup FreeCAD LibreCAD Adobe Creative Suite Gimp (Photoshop) Inkscape (Illustrator) OpenShot, Kdenlive, (Premiere) Natron (After Effects) FFmpeg (Media Encoder)

8 COURTROOM PRESENTATIONS SUCH AS ANIMATIONS BEGINS AT THE SCENE!!! ECM / ACM IMAGING (provides foundation for speed, braking, etc.) Photographs (help visually tell the story) Proper documentation of the physical evidence Measurements (properly place the physical evidence)

9 MODERN DAY SOURCES FOR EVIDENCE Don t overlook sources right under your nose!

10 ADMISSIBILITY GUIDELINES FOR DEMONSTRATIVE EVIDENCE Foundation Relevance Authentication

11 ADMISSIBILTY: FOUNDATION Federal Rules of Evidence FRE 702 Expert Witness Accuracy Creation Expert witness is qualified by knowledge, skill, experience, training, or education Illustration is sufficiently explanatory to help the trier of fact understand the evidence Created using reliable principles and methods and based on sufficient facts or data Expert has reliably applied the principles and methods to the facts of the case Demonstrative Evidence is a Fair and Accurate representation of the facts, analysis and conclusion provided by the testifying expert

12 ADMISSIBILTY: RELEVANCE Federal Rules of Evidence FRE Clarifies Facts Probative Value Not Irrelevant It has a tendency to make a fact more or less probable than it would be without the evidence Relates directly to evidence already admitted Its probative value substantially outweighs the danger of: unfair prejudice confusion of the issues misleading the jury

13 ADMISSIBILTY: AUTHENTICATION Federal Rules of Evidence FRE Expert & Operator Software & Hardware Accuracy Created under the direction of the testifying expert Operator translated information to the software correctly Operator trained in the use of industry recognized software applications Operator s software applications are updated and hardware in proper working order Data used to create the Demonstrative Evidence produced an accurate and expected result

14 Meet as early as possible on case to make sure you get what the animator needs Formulate a story board What do you want to tell the jury about the case What can you PROVE What helps explain the case facts

15 CREATING ANIMATIONS Role of reconstruction expert Analysis and complete reconstruction Complete calculations Calculations need to be computed for frame rate of the animation (usually every 1/30 of a sec.) Distance traveled per frame on spline Sit with Animator and go through animation Is movement consistent with evidence Does the view represent an accurate visual representation of your finding Decide what camera views are needed

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19 ANALYZING OPPONENTS ANIMATIONS or SIMULATIONS? What Do You Look For? Get a copy of each video in a common playable format (i.e., WMV, AVI, MOV, FLA, MP4) Obtain a printout all input data and output data, including crush profile graphs, steering tables, braking tables, etc. Get a copy of the user manual. Review and analyze video

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25 ANALYZING OPPONENTS ANIMATIONS VIDEO REVIEW Is the impact configuration correct? Are movements consistent with the Laws of Physics? Are the start positions correct? Plot out to check. Are the Final Rest positions correct? Vehicles / objects stay on surface (not above or below or through)? Are Braking / Steering inputs appropriate?

26 ANALYZING OPPONENTS ANIMATIONS VIDEO REVIEW Does the video match the physical evidence? Main purpose is to evaluate its Foundation, Relevance & Authentication? Does the video match testimonial evidence absent physical evidence? Are vehicle speeds, pedestrian speeds, etc. correct? If a simulation, did the user follow software s protocol? If simulation, review manual for software used?

27 CASE STUDY OTAC momentum calcs showed Ford Speed up to 54mph, Dodge up to 17mph Opponent used PC Crash. No speed calcs, just did what-if inputs OTAC impact location consistent with police diagram and testimony Two vehicle crash at uncontrolled intersection. Dodge turns left, Mustang proceeding straight through. Opponent had to change impact location by over 20 feet to get simulation to correlate to FR OTAC impact location and Final Rest locations consistent with testimony and police report Opponent had to skew steering inputs and braking inputs

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31 THANK YOU FOR YOUR TIME! Sgt. Michael O Hern O Hern Traffic Accident Consultants, inc., President OTAC-1@Comcast.net

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