Judge: Portions of Mesa police-officer body-cam video of fatal shooting to be released

[Cop Nuttery]

Portions of police body-camera video leading up to a fatal
confrontation between Mesa police and a Texas man will be
released to the public, a judge ruled Tuesday.

Maricopa County Superior Court Judge Sam Myers said he would
grant a motion by The Arizona Republic and other local media
outlets seeking access to the body-camera video, after the
former police officer's attorney urged that the footage not be
released.

Myers said he would enter a written order detailing which
portions of the video would remain sealed and which portions
would be publicly disseminated. It was not immediately clear
when the video might be released and what, or how much,
information would be redacted.

Myers also said the court would not release the full video to
Laney Sweet, Shaver's widow, as she had requested because the
court lacked authority to do that.

The judge's ruling on the video came after he viewed the video,
and at the end of a preliminary hearing in which Myers found
probable cause to continue the case against former Mesa Officer
Philip "Mitch" Brailsford, charged with second-degree murder in
the Jan. 18 shooting of Daniel Shaver.

Earlier this month, Myers had ruled against the release of the
police body-camera video, deferring a decision until after this
week's preliminary hearing.

The court-sealed footage shows Shaver being shot by Brailsford
as Shaver crawled toward police at a Mesa La Quinta Inn & Suites
on Jan. 18.

Brailsford, who has since been fired by the Mesa Police
Department, has pleaded not guilty to the murder charge.

The Republic and azcentral.com, 12 News, ABC 15, CBS 5, 3TV and
the Associated Press filed an objection to the court blocking
access to the body-camera video, stating that some of the
footage was public record unless attorneys can prove an
"overriding public interest in concealing the videos from the
public."

Myers rejected that argument on May 5. "Having weighed the
various interests in this issue, the Court finds that the
interests raised by the media have partially been addressed by
the release of the police reports in this case.

"Until such time as the Court makes findings at a preliminary
hearing, the Court finds that the due process rights of the
defendant warrant the entry of the protective order," he said.

The court was in a "different position" after the judge found
there was probable cause to continue the case against
Brailsford, he said.

"It is a public record and it will be made public," Myers said.
"There's no question it will be released. The issue is really
when."

Defense, prosecutor support sealing video

Craig Mehrens, Brailsford's attorney, told the judge that the
prospect of a trial now that probable cause was upheld would
make any public release of the video inappropriate. He said if
it were publicly disseminated unedited, the video would lead to
a tainted jury and would deny his client a fair trial.

He suggested Myers err on the side of caution in his decision.

"Maybe it's possible, but it would clearly be possible to select
a jury if the court continues to keep it under seal," Mehrens
argued. "Now that you have seen the video and how visually
impactive it is on the visual mind — that would be in the
defendant's and the state's interest to allow this case to go
forward without it being in the public domain for a brief period
of months."

Prosecutor Susie Charbel echoed Mehrens' request, stating that
there was nothing to be gained by the video's release now that
Brailsford was facing trial. She said the release would be
different if the case was subject of a cover-up. Instead, she
said, the seal would the victim's family's privacy.

Sven Budge, an attorney representing Shaver's parents, Norma and
Grady, who were present during the hearing, said the Shavers do
not want their son's death further publicized for privacy
reasons. Keeping it under seal, Budge said, would minimize risks
and help the prosecution.

"They understand it will eventually come out, but want it after
the trial," Budge said. "This is their son that was shot and
killed and they don't want that to be publicized for individuals
to see on the internet and also want to protect the integrity of
the system and not influence potential jurors."

"We can only expect negative things to come out of it (the
release)," Charbel said.

Victim's wife, media attorney argue for release

Two other attorneys argued for release of the video.

Bill Richards, Sweet's attorney, took issue with Mehrens'
approach, calling it a "sandbag" effort to keep the public, and
victims, in the dark. He suggested that not all important,
complete information has been relayed to the public and the
video's release could clear up remaining questions about what
happened in the hotel hallway.

"Is the information put out there by police that has already
been released accurate, truthful and complete?" Richards asked.

"Victims and basic citizens with interest in this community have
the right to see what happened when their loved one was killed."

Potential jurors wouldn't be affected by the footage's release,
said David Bodney, an attorney representing The Republic and
other local media. The U.S. Supreme Court recognized 40 years
ago that even persistent, adverse publicity did not
automatically translate into deprivation of fair-trial rights,
he said.

He argued the public's right to promptly receive public records
has not been met and that numerous parties have "effectively
bottled up" access.

"I think there is the world to be gained by bringing certainty
to this issue and the judicial and law-enforcement process,"
Bodney said. "There is so much there that could answer questions
for the public."

Bodney said he recognized that a small slice of the video could
be redacted if the judge found it contained potentially graphic
and sensitive images.

http://www.azcentral.com/story/news/local/mesa/2016/05/17/judge-
portions-mesa-police-officer-body-cam-video-released/84495446/