Does the introduction of three clips at Yevakpor's trial violate his due process right to a fair trial?

Question

Kofi Yevakpor was charged with importing heroin from Canada. The Government's evidence included three one-minute video segments out of twenty-five minutes recorded at a border entry customs area by a series of video cameras which run continuously. The video clips were recorded during the border stop and search. The images are recorded on a DVR machine and are preserved on a compact disc. A Border Patrol supervisor directed that the three portions of the encounter with Yevakpor be preserved. The rest of the video recording was destroyed, although it would have been relatively easy and inexpensive to preserve. The video segments do not clearly show the results of any search or a search of Yevakpor or of his companion before, during or after the border stop. They do purport to show Yevakpor being detained at the secondary inspection area, carrying suitcases from the car into the inspection area, a search of suitcases by officers, Yevakpor's attempted use of a cellular telephone and his allegedly giving materials or documents to a companion.
What will be an ideal response?

Answer 1

Yes