Editor's note: this update was originally posted with an incorrect date ordered for the release of law-enforcement video.
Law enforcement surveillance and body camera video of the Oct. 31 “I am Change” march that Alamance County sheriff’s deputies and Graham Police broke up with pepper spray will be released to the public by court order.
Alamance County Superior Court Judge Andrew Hanford filed his order June 15 giving Graham Police and the Alamance County Sheriff's Office until Friday, June 25 to either release the videos to the media organizations petitioning for their release or appeal his decision. There was already talk of a pending appeal Monday afternoon, according to Raleigh lawyer Michael Tadych.
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Tadych (pronounced “Toddy”) represents seven media organizations including the Times-News parent company Gannett, Carolina Public Press, the News & Observer, the News & Record, WRAL, WXII and Elon News Network, which filed suit to get access to law-enforcement video at the beginning of the year.
Graham Police and Alamance County sheriff’s deputies used a pepper spray aerosol three times on the crowd participating in the Oct. 31 “I am Change” march to the polls. Police first sprayed protesters who had been kneeling in the street on Court Square within minutes of an 8 minute, 46 second moment of silence for George Floyd.
The demonstration continued but the sheriff’s office claimed a gas can and gas-powered generator were fire hazards on the grounds of the Alamance County Historic Courthouse and violations of the protest permit. Deputies seized the generator while it was powering a public-address system during a speech. A scuffle broke out between deputies and demonstrators, during which, according to the sheriff’s office, a deputy was pushed to the ground, and they also pepper-sprayed protesters. Soon after the sheriff’s office revoked the protest permit and declared the rally an illegal assembly. Deputies and police again cleared the street with pepper spray.
There are two federal lawsuits charging the sheriff’s office and police department with civil rights violations. The City of Graham and Alamance County are paying a total of $120,000 to settle one of those suits. The other is moving forward seeking changes in how the city and county treat protests and protesters as well as money.
The media organizations petitioned for all law-enforcement videos and photos. The plaintiffs expect body and dashboard camera footage and footage from drone-mounted, hand-held and stationary cameras. And they asked for recordings taken from the first contact of police with marchers, spectators, and media until the last law-enforcement officers left the scene on Oct. 31.
Unlike other government records, law enforcement video is only released at the discretion of courts, according to Tadych’s court filing. State law requires courts to consider eight factors in deciding whether or not to release police video. That means balancing a compelling public interest in having the video released with potential harm to criminal or internal investigations, putting someone in danger, jeopardizing their reputation, or violating their privacy. Judges also have the discretion to release select parts of videos, though only if there is a compelling government interest in doing so, or restricting their release to specific people for specific uses.
In this case, according to Tadych, Hanford ordered the release of all photos and video to the petitioners without restriction.
Tadych argued the setting and many witnesses give public interest more weight than privacy or investigative concerns, and there is obviously great public interest.
And these videos and photos were taken, literally, in the public square, so there are not the same issues of privacy as a video of the execution of a warrant in a home or business. He also wrote that the burden is on law enforcement to show that releasing the records would jeopardize the state’s right to prosecute a defendant or a defendant’s right to a fair trial.
Isaac Groves is the Alamance County government watchdog reporter for the Times-News and the USA Today Network. Call or text 919-998-8039 with tips and comments or follow on Twitter @TNIGroves.
This article originally appeared on Times-News: UPDATE: Judge orders release of Alamance Sheriff, Graham Police video of 'I Am Change' march
