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A Pasquotank County judge is taking about 15 minutes to deliberate before ruling on the release of the body cam video in the shooting of Andrew Brown Jr. Catch up on the nuances of the state law governing release here: https://www.newsobserver.com/news/local/crime/article250901119.html
To recap:
Sheriff has petitioned for release of the body cam footage to the family: https://www.documentcloud.org/documents/20691709-pasquotank-request-for-release-2021-04-27
Media coalition has petitioned for release of the video publicly:
https://www.documentcloud.org/documents/20691803-amended-media-body-camera-petition-4262021
Judge is considering both petitions now.
Sheriff has petitioned for release of the body cam footage to the family: https://www.documentcloud.org/documents/20691709-pasquotank-request-for-release-2021-04-27
Media coalition has petitioned for release of the video publicly:
https://www.documentcloud.org/documents/20691803-amended-media-body-camera-petition-4262021
Judge is considering both petitions now.
Still waiting on the judge, but here's a recap on positions argued this AM:
Mike Cox, Pasquotank County sheriff
- argued for release to family, media
Andrew Womble, DA
- argued for release in 30 days to complete investigation
- DA could ask not to release if he brings charges
Mike Cox, Pasquotank County sheriff
- argued for release to family, media
Andrew Womble, DA
- argued for release in 30 days to complete investigation
- DA could ask not to release if he brings charges
HP williams, for unnamed deputies
- backed DA's request for 30-day delay on release
- no release if criminal charges
Mike Tadych, for the media coalition
- argued for release, with any necessary blurring/redactions (but no cuts)
- backed DA's request for 30-day delay on release
- no release if criminal charges
Mike Tadych, for the media coalition
- argued for release, with any necessary blurring/redactions (but no cuts)
A Pasquotank County judge has DENIED the petition by the media to release the body camera footage in the shooting of Andrew Brown Jr.
A Pasquotank County judge has DENIED the release of body cam videos to the family for 30 days pending the completion of an investigation, but it has allowed DISCLOSURE to the family within 10 days (they can't have copies). Faces will be blurred.
In summary:
• Media petition for body cam release DENIED. Judge said media doesn't have standing. But even if media did, “good cause does not exist" to release.
• Disclosure to family ordered within 10 days (after officers faces obscured). Viewing only - family won’t get copies
• Media petition for body cam release DENIED. Judge said media doesn't have standing. But even if media did, “good cause does not exist" to release.
• Disclosure to family ordered within 10 days (after officers faces obscured). Viewing only - family won’t get copies
• Release (copies) to the family held for 30-45 days while investigation is completed.
• Court will then consider release at that point.
• There were 4 body camera (5 files total) and 1 dash camera, per PCSO Major Aaron Wallio.
• Court will then consider release at that point.
• There were 4 body camera (5 files total) and 1 dash camera, per PCSO Major Aaron Wallio.
• The ruling on standing runs counter to DOZENS of similar petitions across the state, when the media has argued for release of video.
And this is important:
• The judge's ruling this afternoon runs COUNTER to arguments from the Pasquotank County Sheriff's Office and the county to RELEASE the video, both to the family and the public.
• The judge's ruling this afternoon runs COUNTER to arguments from the Pasquotank County Sheriff's Office and the county to RELEASE the video, both to the family and the public.
Follow the latest developments in the Andrew Brown Jr. shooting in Elizabeth City from my colleagues @KateMurphyNews, @_andrewcarter and @joshshaffer08. https://www.newsobserver.com/news/local/article250998794.html
Breaking down the judge's rationale here.
The law lays out two separate sets of questions for the court when considering whether to disclose/release body cam video.
One is for disclosure (viewing only, no copies).
The ruling was that the video WILL be disclosed to the family.
The law lays out two separate sets of questions for the court when considering whether to disclose/release body cam video.
One is for disclosure (viewing only, no copies).
The ruling was that the video WILL be disclosed to the family.
The second set of questions for the court to consider is release (either to the family or the public):
On the media's petition to release the body cam video in the shooting of Andrew Brown Jr., the judge went through those questions one by one:
Compelling public interest Confidential info
Requestor NOT seeking evidence for court Would reveal sensitive personal info May harm reputation/safety Would threaten fair trial Confidentiality necessary for criminal investigation. NO good cause shown
On the *family's petition* to release the body cam video in the shooting of Andrew Brown Jr., the judge also went through those same eight questions, deciding to wait 30-45 to reconsider:
Compelling public interest Confidential info Requestor seeking evidence for court Would reveal sensitive personal info May harm reputation/safety Would threaten fair trial Confidentiality necessary for criminal investigation. NO good cause shown (yet)
In a statement, Pasquotank County Sheriff Tommy Wooten said he's "disappointed," the video won't be released immediately.
Following Superior Court Judge Jeff Foster's ruling not to release the body cam footage from the shooting of Andrew Brown Jr. in Elizabeth City, Media coalition attorney Amanda Martin says in a statement that her team believes the decision is "legally incorrect."
