Greenville police chief, North Carolina AG says body camera law needs fixing

Published: Jul. 11, 2016 at 4:38 PM EDT
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A local police chief is speaking out about a new law that defines what is public domain when it comes to viewing videos from police dash and body cameras.

The governor signed House Bill 972, which says police recordings are no longer a public record and reclassifies who and how you can view those videos.

Body cameras are what Greenville Police Chief Mark Holtzman classifies as their silent witness to a traffic stop or any police interaction during an investigation.

"In this day and age, news travels fast and bad news travels faster," the chief explains. "It's very important for the chief to be able to get the full story out very quickly on very tough cases that might hit the community and that body worn camera is there just for that reason, to get the full story to tell what happened in that event."

On Monday, Governor Pat McCrory signed the state's first law detailing who can view and obtain this footage from body cameras and dashboards.

It states the law enforcement agency chief or sheriff now decides on who gets the video, which takes a written request.

If you're involved in the video, the law states you have the right to watch it, but if you're not a party involved in that video, you may need a subpoena to get it.

"What it requires the chief to do is get a court order from a superior court judge and all that stuff takes time, so in that respect I believe it severely restricts, as a chief of police, to hit that level of trust of transparency that I need with the community and especially in a timely manner," Holtzman says.

Some residents, like Dawson Page, agree with the chief. "I think it would make it a whole lot safer for the people of the U.S., because I think people would get the whole story instead of getting the rumored story or part of the story."

While Sadie Clark can see both sides of the issue. "I can see the good in that, but I can also see the disadvantage of it. If they're not hiding anything, why do we have to go through so many channels?"

For departments who have to fight social media and cell phone videos getting out before they'll be able to release video, Holtzman is more concerned about the trust this law may break.

"The public wants to know what we do and how we do business," the chief says. "Are we treating people fairly? Are we doing it the right way on the streets? The body worn cameras do that for us."

Attorney General Roy Cooper weighed in on this issue saying, this law goes too far and that the recordings from body cameras and dashboard cameras should instead be treated as public record with some exemptions for crime victims or investigations.

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RALEIGH, N.C. (AP) -- North Carolina Attorney General Roy Cooper, the Democratic challenger for governor, said Tuesday that the state's new law excluding police camera recordings from the public record goes too far.

The law puts North Carolina among about a half dozen states that specifically exclude body and dash cam recordings from open records laws. Republican Gov. Pat McCrory signed it Monday.

It allows a person shown in a video to ask police to view the recording, it but not copy it. Law enforcement agencies can deny such requests, citing concerns about safety, reputation or an ongoing investigation. Then it would be up to a judge.

"It looks to me like it's lot more difficult with this legislation to make a video public," Cooper said.

The state's chief law enforcement officer said these recordings should be considered public records, with some exemptions to protect the privacy of victims or the integrity of criminal investigations. Enabling people to see what actually happens can protect both officers and citizens, he said.

"Obviously this is a complicated issue with a lot of details and a lot of potential for making sure that we ensure that justice is done at the end of the day," Cooper said. "We need to see how this works first and how the courts are going to react to this, because it's important to have these cameras."

McCrory fired back on Tuesday, saying the law taking effect Oct. 1 walks the fine line between transparency and citizen privacy.

"The attorney general did not give that input prior to that bill being developed that I know of," McCrory said. "But the bill is a common sense approach and balance between respecting the rights of our police officers while also balancing the need for the public needs to know."

Civil liberties groups and social justice activists said the law will make holding officers accountable more difficult, particularly after last week's killings of black men by white officers in Louisiana and Minnesota, and the attack by a black sniper that killed five officers at a march in Dallas.

"At a time when people across the country are calling for greater transparency and accountability from law enforcement agencies and officers, Governor McCrory's bill to keep police body camera footage hidden from the public moves us in the wrong direction," state Democratic Party chairwoman Patsy Keever's statement said.

The law passed with overwhelming support from the GOP-dominated General Assembly, and is supported by the state's sheriffs' and police chiefs' associations. They said it will increase transparency because it clarifies the recordings are not personnel files, which are nearly impossible for third parties to access.

The clash suggests police videos will continue to be a point of debate in the gubernatorial race, which could be among the nation's most expensive.


Previous Story:

North Carolina Gov. Pat McCrory has signed a bill excluding police video recordings from being scrutinized as public records despite opposition from civil liberties groups, which say it will deepen divides in communities already reeling from the killings by police of black men in Louisiana and Minnesota.

McCrory on Monday signed the state's first law detailing who can view and obtain footage from body cameras and dashboard cameras.

The law says the footage is neither public record nor a personnel record. It allows the video's subject or their representative to ask to view recordings. A law enforcement agency could withhold access for reasons such as a continued investigation or safety concerns. A requester can go to court if an agency denies the request.

The law goes into effect Oct. 1.

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