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NY High Court Throws Out Video In Child Sex Abuse Case

Date: February 17, 2026

Emily Wall, CFR’s Attorney in Charge of Appeals, was quoted in this piece about a New York State Court of Appeals ruling on the use of unauthenticated video footage evidence to separate a family.

“Here, the confluence of factors — including the bizarre circumstances surrounding the discovery of the videos and the long time period between their creation and their recovery — raise doubts about their authenticity, and [Erie County Department of Social Services] simply failed to carry its burden to dispel those doubts,” Chief Judge Rowan D. Wilson wrote for the majority.

“We welcome the Court’s clear statement that the rules of evidence apply in Family Court no less than in other courts,” said Wall. “Families should not be torn apart based on evidentiary shortcuts that erode the protections meant to ensure accurate determinations. This is a major victory for families, including my client and her son, who will finally be reunited after four long years of separation.”

Read the full article here.

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