⚖ Oral Arguments, with Context

The First Circuit hears United States versus Cruz-Osorio, a cocaine prosecution involving airport surveillance video that was not preserved. The case began when officers found cocaine in a bag during an airport inspection. The defense says the missing footage could have challenged the government's account linking Cruz-Osorio to the drugs. Officers watched events on a live camera feed, and a still image survived, but the relevant video was no longer available to the defense. Before trial, Cruz-Osorio sought the footage or dismissal of the indictment. The district court denied that request after hearing testimony about the loss and attempted preservation of the recordings. The judge found insufficient evidence of an improper government motive and concluded that the defense had not shown the video was irreplaceable. The court pointed to witness testimony, the surviving image, and cross-examination as other ways to examine what happened. Refusing dismissal does not itself mean that the investigation was faultless. Cruz-Osorio will challenge the treatment of that loss and its consequences for his defense. The government will distinguish negligence from bad faith and emphasize the evidence that remained. Two terms matter here: exculpatory evidence can help the defense, while impeachment evidence challenges a witness's credibility. The dispute includes whether the missing video had an apparent defensive value or was only potentially useful, and what significance the reasons for its loss should have. Keep separate two questions: whether the loss required ending the prosecution, and whether the defense still had a fair opportunity to challenge the government's witnesses.

United States v. Cruz-Osorio (No. 24-1169) — U.S. Court of Appeals for the First Circuit, argued November 4, 2026.