Media Coalition Asks Court To Release BodyCam Footage of George Floyd Killing

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).

 

Minnesota Orchestra Celebrates the Life of Nelson Mandela

In the Summer of 2018 the Minnesota Orchestra is producing a multifaceted celebration of the life of Nelson Mandela.[1]

It started with a July 20 concert entitled “Celebrating Mandela at 100” at its home Orchestra Hall in Minneapolis.

The next day, July 21, was the free International Day of Music in and near Orchestra Hall with many African and local musicians. That night the Orchestra presented a ticketed concert in the Hall.

On July 31 Ladysmith Black Mambazo, the famous South African vocal group, will sing their songs at Orchestra Hall.

August 8 through 18 will find the Orchestra in South Africa for concerts in Cape Town, Durban, Pretoria, Soweto and Johannesburg. This will be the first U.S. professional orchestra to visit the country. The concert in Soweto on August 17 will be recorded and broadcast the same day in Minnesota by Minnesota Public Radio.

Future posts will discuss at least some of these concerts and events. Previous posts have touched on various aspects of Mandela’s life and Barack Obama’s Nelson Mandela Lecture in Johannesburg on July 17, 2018.[2]

As an U.S. and Minnesota citizen and admirer of Mandela and the Orchestra, I am proud that our Orchestra is engaging in such an energetic enterprise.

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[1] Minnesota Orchestra, Program;: Sommerfest 2018 at 22-28,31, 37-41; Ross, Minnesota Orchestra previews South African tour: ‘Music became a weapon against apartheid,’  StarTribune at B1, B6 (July 22, 2018).

[2] Posts to dwkcommentaries.com: Obama: “Renewing the Mandela Legacy and Promoting Active Citizenship in a Changing World” (July 19, 2018); Nelson Mandela Was Inspired by Fidel Castro’s Cuban Revolution (May 18, 2018); Nelson Mandel Makes Connection with Cecil Rhodes  (May 20, 2018); Celebrating the Rhodes Scholarships’ Centennial (June 21, 2011).

 

 

TODAY on Minnesota Public Radio: Bryan Stevenson’s “Just Mercy: Reforming the Criminal Justice System”

Bryan Stevenson
Bryan Stevenson

Today (November 26th) Minnesota Public Radio will broadcast at Noon (CST) and 9:00 p.m. (CST) Bryan Peterson’s presentation yesterday at the Westminster Town Hall Forum, “Just Mercy: Reforming the Criminal Justice System.” It is great! Listen![1]

I was at the Forum yesterday and heard one of the most inspiring and articulate presentations I have ever heard on any subject. I was expecting to hear a detailed agenda for making legal changes in our criminal justice system. Instead, Stevenson delivered this powerful message to every citizen in this country:

  1. Everyone needs to get closer to the poor people and the incarcerated.
  2. Everyone needs to reflect on the history of racial injustice in our country and change the narrative on race. We need truth and reconciliation on race.
  3. Everyone has to find a way to stay hopeful about changing this injustice. It is not easy. It requires a reorientation of the spirit.
  4. Everyone needs to choose to do uncomfortable things. Go inside prisons, for example. The opposite of poverty is justice, not wealth. The quality of a society is judged by how it treats the poor.

Book

Bryan Stevenson is a public-interest lawyer and founder of the Equal Justice Initiative, which is committed to eliminating bias against the poor and people of color in the criminal justice system. A professor at New York University Law School and a graduate of Harvard Law School, he argued for and won the historic ruling in the U.S. Supreme Court that mandatory life-without-parole sentences for children 17 or younger are unconstitutional. His new book, Just Mercy, profiles the lives of men, women, and children who are at the mercy of a broken criminal justice system.

Stevenson grew up in Alabama. He started school in a “colored school” and only after desegregation of his town’s schools was he able to obtain a high school education. His great-grandparents were slaves, and his parents daily were subjected to humiliation because of their race.

Thank you, Bryan Stevenson for inspiring and challenging us.

[1] An oral recording of the Town Hall presentation is available on the web.