DA orders police to release Taser camera video
EUGENE, Ore. -- A video captured by the Taser a Eugene police officer used to shock a Chinese student in September is a public record and not exempt from public disclosure, the district attorney ruled on Friday.
The police department has been ordered to release the video from the Taser incident on Sept. 22, 2009, after KVAL News appealed the police department's denial of a public record request to the district attorney.
The officer thought he was shocking a person who was trespassing and not following his orders. Police later learned the student was from China, had just rented the apartment that day and didn't understand English. | Background
Eugene police refused to release the tape because of privacy exemptions to Oregon's public records laws.
The district attorney's office, in consultation with the Oregon attorney general, determined the tape could be released to the public if EPD blurs the student's identity.
The city attorney or student's attorney can appeal the decision to a judge.
Here's the text of the DA's letter in response to the appeal by KVAL News:
Dear Mr. Klein, (Note: Glenn Klein is city attorney for City of Eugene)
This particular public records request is troubling. In this case, a video record was created when police entered a residence based upon misinformation. If the video were made in a public location, or if the resident were convicted of a crime, there would be no issue that this record would be a public record. Because the record was made and is retained by a public agency, it is presumably a public record despite the circumstances under which it was created.
The resident, whose image and residence is depicted in the video, continues to assert a personal privacy exemption to the disclosure of this record. It is understandable that a person, who through no fault is his own is thrown into the public eye under these circumstances, would want to assert a personal privacy exemption to public disclosure.
I have viewed the video and note that it is approximately 22 seconds in length and of poor quality. For about a second and a half in the first two seconds of the video, the individual's face is clearly depicted. Between second two and second eight, a portion of the individual's body is depicted. After approximately second number eight, my copy of the video depicts nothing particularly identifiable. There are personal items viewable in the first few seconds of the video. It is unknown to me if the video I have viewed is of the same quality as any reproduction that can be made. There video includes audio.
I have consulted with the Attorney General's office about this matter as I can find no similar case. Based upon my reading of Oregon Law, consultation with the Attorney General's office, and viewing the video, the District Attorney will issue the following ORDER:
1) The video image captured by Officer Warden's Taser camera on September 22, 2009, that is the subject of this public records request is a public record under ORS 192.410.
2) The personal privacy exemption to public disclosure under ORS 192.502(2) applies to all identifying information of the person depicted in the video, including facial features, identifying marks on the person's body, or identifying images inside the residence.
3) Prior to disclosure of the video as a public record, the video must be redacted to remove any identifying information of the person depicted in the video, including facial features, identifying marks on the person's body, or identifying images inside the residence.
4) "Actual costs" that may be assessed for production of this public record include the costs of redacting the video as described above.
Sincerely,
Alex Gardner, District Attorney
By: Patricia W. Perlow
Chief Deputy District Attorney
