A North Carolina judge has ruled that publicly owned footage of public employees killing a member of the public cannot be released to the public, citing stuff and things. Meanwhile, the district attorney fought the request from a coalition of media outlets by showing exactly why it should be released.
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On Wednesday, North Carolina Superior Court Judge Jeffery B. Foster (you might want to remember that name for a few minutes) denied a media lawsuit demanding the release of body camera footage showing Pasquotank County Sheriffโs Department deputies shooting and killing 46-year-old Andrew Brown Jr. in Elizabeth City, N.C., on April 21. Judge Foster did, however, grant a petition allowing Brownโs family and one member of his legal team to privately view the videos of what family attorneys previously described as an โexecution.โ
During the hearing, District Attorney Andrew Womble disputed that claim with a claim of his ownโnamely that Brownโs car made contact with the deputies at the scene. Although the sheriffโs office and members of the Brown familyโs legal team both told The Root that no law enforcement officers were injured when they riddled Brownโs body with bullets from high-powered weapons as he sat with his hands on the steering wheel, thereโs probably no way to clear this up.
Although attorney Chantel Cherry-Lassiter said she didnโt see it happen in the 20-second clip of the incident that she was allowed to watch, Womble insists that Brownโs car moved forward and backward before a cop stopped Brown with a โkill shotโ to the back of the head. If only there was some kind of definitive, objective way the two parties could clear up this disagreement. Anyway...
Foster (the judge...Donโt forget) also ruled that Brownโs son and one legal representative will be allowed to view all of the video evidence. Foster gave the sheriffโs department time to redact the faces, badges and identities of the deputies who shot the man before they gave him a hearing or a trial. Brownโs family will not be able to make copies or recordings of the video.
An attorney for the deputies who have not been charged with killing Brown said his clients are โdistraughtโ about killing Brown. However, the representatives of the officers who didnโt give Andrew Brown Jr. a fair trial now fear that they wonโt get a fair trial if the videos are made public, noting that the deputies have the right to the presumption of innocence. โWe believe the shooting was justified,โ they said unironically, according to the Virginian-Pilot.ย
A look at Judge Jeff Fosterโs social media portended the ruling. The right-wing, mask-resistant judge seems to be a big fan of the โthin blue line,โ anyone who shoots a Black person and police in general. However, Foster doesnโt seem to have much affection for Muslims, protesters or the media in general.
Meanwhile, North Carolina Gov. Roy Cooper has called for a special prosecutor to handle all matters regarding the shooting.
โThis would help assure the community and Mr. Brownโs family that a decision on pursuing criminal charges is conducted without bias,โ Cooper said in a press statement. โThis position is consistent with the change in the law recommended by our Task Force for Racial Equity in Criminal Justice which calls for a special prosecutor in police shootings.
Itโs almost like he doesnโt believe the judges and the police are unbiased. I wonder what makes him think that?
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