Why Aren't All Dash Cam Videos Public Record?

When police pull drivers over, many video tape everything, but there&#39;s one law enforcement agency that doesn&#39;t ever have to share that video and now some are asking, why hide it?<BR><BR><A href="http://www.news9.com/global/story.asp?s=10526689" target=_blank>OHP Releases Trooper&#39;s Dash Cam Clip</A>&nbsp;| <A href="http://www.news9.com/global/story.asp?s=10529372">In Depth Analysis of Trooper Dash Cam Video</A>

Tuesday, June 23rd 2009, 12:25 am

By: News 9


By Dave Jordan, NEWS 9

OKLAHOMA CITY -- When police pull drivers over, many video tape everything, but there's one law enforcement agency that doesn't ever have to share that video and now some are asking why hide it?

Attorney Stephen Fabian never had a problem getting dash camera video from the Department of Public Safety until 2005 when he filed open records requests for video of his clients.

Fabian said dash cam video should fall under public information just like police reports.

Nearly 200,000 people have seen the full dash camera video of OHP Trooper Daniel Martin and paramedic Maurice White. After previously saying it was not public record, the Department of Public Safety went ahead and released it.

Attorney Stephen Fabian said the video never should have been withheld in the first place.

"It's the public's right to know what law enforcement is doing out there," said defense attorney Stephen Fabian, Jr. "Look at all the media. Every time someone gets arrested, you see the mug shot in the paper. That's all public information."

Fabian, a former general counsel for the Oklahoma Highway Patrol, has been fighting this battle for years. Four years ago, he sued DPS for access to dash cam video of his clients. A judge ruled in his favor but later that year, the legislature exempted DPS audio and video recordings from open records requests.

"Before the videos and without those videos, there's a lack of information, a lack of ability to challenge and contest what the government does. And that's the whole purpose of the Open Records Act is to make the government accountable and responsible," Fabian said.

NEWS 9 checked with the Oklahoma County Sheriff's Department, Del City Police, Midwest City Police and Edmond Police on their dash cam policies. In each case, all agencies release the video through open records requests.

"Our policy is generally to not release the video until all of the investigations are complete. That means our in-house investigations and sometimes it means when it goes through the court system," said Glynda Chu with the Edmond Police Department.

Law enforcement agencies in other states are also quick to respond, even when the video is not favorable. Five police officers in Birmingham, Alabama lost their jobs after dash-cam video showed them beating an unconscious man who was thrown from his SUV after leading police on a high speed chase.

"Who would have believed that that video would have shown what it showed if they hadn't seen it? I mean it's like a revelation," Fabian said.

DPS is the only law enforcement agency that has its audio and video recordings exempted from open records requests. But OHP said it's not about secrecy, but privacy. Captain Chris West said audio and video recordings are not public record out of concerns for trooper safety and the privacy of all Oklahomans.

More on News9.com:

- In Depth Analysis of Trooper Dash Cam Video
- OHP Releases Trooper's Dash Cam Clip
- Read the troopers' reports
- OHP Trooper Investigation Closed
- Paramedic Defends Himself After Trooper Scuffle
- Read the Paramedic's Report
- Trooper Claims Paramedic Gave Him The Finger
- Read a witness's statement
- Paramedics, Troopers Defend Themselves After Fight
- Trooper, Paramedic Fight Caught on Tape

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