On July 13, the Media Coalition of local and national media companies filed a motion for the immediate release of the bodycam footage of the killing of George Floyd on May 25th.[1]
The motion papers alleged that the court’s insistence that the videos be viewed by appointment only in the Hennepin County Government Center violates state laws governing public records, court rules and the First Amendment of the U.S. Constitution. Therefore, these media companies requested the Court “immediately make the BWC [body-worn camera] footage available for copying by the press and public so that it may be widely viewed not just by those who have the time and wherewithal to visit the courthouse during a global pandemic but by all members of the public concerned about the administration of justice in one of the most important, and most-watched cases, this State — perhaps this country — has ever seen.” [2]
The attorneys for the Coalition also said that “releasing the transcripts without the accompanying footage is the sort of piecemeal disclosure that threatens not only to mislead the public, including potential jurors, but also to destroy the public’s trust in the judicial system.” Moreover, they argued that a written transcript only captures what someone said, not actions. “The transcripts don’t capture non-verbal noises, tone of voice or other elements. In addition, the transcripts of Lane and Keung’s body camera videos differ during crucial moments of the encounter. Allowing journalists to copy the footage, watch it multiple times, transcribe it and compare it to the transcripts and to time stamps from the bystander video will help reporters piece together a more complete story.” [3]
In addition, the motion papers argued, “There is no reason to believe that making the BWC footage itself easily accessible to the press and public would materially impact the fairness of trial .… As days of unrest in the Twin Cities showed, it is vitally important that the public have full confidence in the process and outcome of this criminal prosecution.”
The Media Coalition consists of the StarTribune; American Public Media, which owns Minnesota Public Radio; the Associated Press; CBS Broadcasting Inc.; Dow Jones & Co., publisher of the Wall Street Journal; Hubbard Broadcasting, which owns KSTP-TV; and the New York Times Co., among others.
The Coalition is represented by attorneys Leita Walker, a partner in the Media and Entertainment Law Group in the Minneapolis office of the Ballard Spahr LLP law firm, and Emmy Parsons, an associate in that Group.
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[1] Xiong, Media coalition calls for immediate release of body camera footage in George Floyd killing, StarTribune (July 13, 2020); Assoc. Press, Media: Body Camera Video in Floyd Case Should Be Made Public, N.Y. Times (July 13, 2020).
[2] See Gag Order in George Floyd Murder Cases, dwkcommentaries.com (July 9, 2020).
[3] Quotations from the transcripts of the bodycam footage were included in Ex-Officer Lane Moves for Dismissal of Criminal charges in George Floyd Killing, dwkcommentaries.com (July 9, 2020).
