Opinion

Editorial: Body cam video release is key to government transparency

Wednesday, May 5, 2021 -- It takes transparency and openness to show citizens that their public officials, and those who work on their behalf, are doing their jobs properly and in the public interest. That is the MOST important reason and one that overrides all others to release the body-cam videos of the Pasquotank County Sheriff's deputies and the shooting of Andrew Brown.

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CBC Editorial: Wednesday, May 5, 2021; Editorial #8665
The following is the opinion of Capitol Broadcasting Company.

Transparency, openness, accountability, those are critical ingredients to citizens having faith their government operates in their best interest.

Unfortunately, state Superior Court Judge Jeff Foster doesn’t hold as strongly to those elements as do some local leaders in Elizabeth City and Pasquotank County. In response to requests from local officials and news organizations seeking release of the body-cam video of the shooting and killing of Andrew Brown Jr. two weeks ago by Pasquotank County sheriff’s deputies, the judge found excuses to keep them under wraps.

Elizabeth City Mayor Bettie Parker is rightly worried about the faith the citizens of her town can have in their community’s leadership and the city’s police. Tension and protests – mostly peaceful so far -- continue following the shooting. The city has been under a curfew for more than a week.

Releasing the body camera videos from the incident, she says, will mean a lot. The mayor’s asked residents of Elizabeth City to “trust that I am being transparent. And I probably don't know much more than what you see in the media. That's unfortunate because they expect the leader of their town, the face of their city, to know more.  But I don't because the county is not sharing with me nor with my manager or police officers.”
Pasquotank Sheriff Tommy Wooten, who wants the officers’ body camera video released, asks for patience. “Please, please, please have as much patience as possible,” he pleaded in an interview with NPR last week. “At the end of the day, it's so hard with the crisis that's sweeping the nation that we're dealing with it. We didn't want it to, but unfortunately, it hit right here in little old Elizabeth City, North Carolina and you cannot rush these investigations.  There has to be a very credible and accountable and transparent investigation in order to have true justice.”

The town is home to Elizabeth City State University, a 131-year-old historically black campus. It is the urban and economic hub of Pasquotank County. Elizabeth City’s population is 51% Black. All of Pasquotank County is 37% Black.

While the judge did authorize viewing of redacted videos by Brown’s immediate family and a single attorney, he refused to allow any further release pending review in 30 to 45 days because it could have an impact on current state and local investigations. He contends further release would threaten the “fair, impartial and orderly administration of justice.”

The news media has a right, contrary to Judge Foster’s conclusion “that the media is not a party as contemplated” by the statute and thus “good cause does not exist” for it to get release of the videos. The law states “any person” (news reporters are persons after all) seeking release of such recordings can go to court to request their release.

The judge contended that “confidentiality is necessary at this point to protect either an active internal and criminal investigation or a potential internal criminal investigation.”

Those doing the investigating already have access to the entire videos. The law enforcement officers appearing in the recordings also have the right to request to see them. How does any disclosure impact upon what local or state investigators are doing? Further, a brief portion of a video has already been shown to Brown’s family members.  Those who have seen are freely expressing their perspectives and they haven’t been reserved.

The rest of the public remains uninformed – left to accept or reject what they hear from the lawyers for the sheriff’s deputies who contend they acted only to protect themselves or from Brown’s family members who have said it was an execution.

The public should be able to see the videos and, to the degree anyone wants to draw any conclusions, do that for themselves. Amid worries that if there is any prosecution, it might taint a jury pool – how is what the lawyers and family now say any less of a concern? The judge should see through those shallow arguments. Jurors will see the full videos if there is a trial where the lawyers will have opportunities to offer their interpretations.

It takes transparency and openness to show citizens that their public officials, and those who work on their behalf, are doing their jobs properly and in the public interest. That is the MOST important reason and one that overrides all others to release the body-cam videos of the sheriff’s deputies and the shooting of Andrew Brown.

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