Gonzales v. Colorado
Annotate this CaseAfter the victim’s murder in this case, his sister-in-law discovered a peculiar microcassette among his belongings. On that cassette was a recording of a potentially incriminating voicemail message. A police detective later testified at trial that the message featured a voice like that of defendant Daniel Gonzales, whom the detective had interviewed while investigating the murder. Over Gonzales’s objection, the court admitted the recorded message into evidence at Gonzales’s trial. The detective was not present when the recorded statements were made, and neither he nor anyone else testified about the reliability of the recording process. Even so, after considering the recording and other evidence, a jury found Gonzales guilty of, among other things, first degree murder. After review of Gonzales' arguments on appeal, the Colorado Supreme Court held that in the absence of evidence suggesting that a proffered voice recording has been altered or fabricated, a proponent may authenticate a recording by presenting evidence sufficient to support a finding that it is what the proponent claims. "Once this prima facie burden is met, authenticity becomes a question for the factfinder, in this instance, the jury." The Court concluded the trial court did not abuse its discretion in admitting the voicemail, and therefore affirmed the court of appeals.
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