The Boston City Council is continuing to push the city’s police department for clearer protocols regarding the release of body camera footage.
The hearing comes a few weeks after Boston Police Officer Nicholas O’Malley was charged with manslaughter in the shooting death of Stephenson King, an unarmed Black man, in Roxbury. The Suffolk County district attorney’s office has not shared the body camera footage with city leaders, the civilian police oversight body or the public. District Attorney Kevin Hayden, who has the final say in death investigation cases, called the shooting “unjustified” but said video would not be released prior to trial.
Some city councilors say this situation demonstrates the need for more transparency. At a hearing on Tuesday, councilors said they want to know if the Boston Police Department has established policies on releasing bodycam footage, and if so, what are the circumstances or timelines for releasing videos.
“There is no public-facing framework that explains how those decisions are made and there is no guaranteed access for elected officials or those with oversight,” said Councilor Miniard Culpepper.
“What we are left with is a system where transparency often depends on discretion rather than clear policy,” he added.
Dave Fredette, the police department’s general counsel, said BPD received about 800 requests to release body camera footage last year. They fulfilled almost 500 of those requests. The most common reason for denial, Fredette said, is when the criminal process takes precedence over the public records request.
GBH News filed public records requests for both the body camera footage from the Roxbury shooting on March 11 and King’s autopsy. Those requests were denied by the Suffolk County district attorney’s office and the medical examiner, respectively, citing the ongoing investigation.
The city police top brass, including BPD Commissioner Michael Cox, were not in attendance for the hearing.
“I have to say that it’s disappointing that the police leadership is not here today because the core of the hearing are questions that the public is asking over and over, questions that deserve answers, not just from legal counsel, with all due respect, but from the leadership responsible for setting policy, making decisions,” Culpepper said.
The city’s Office of Police Accountability and Transparency, a civilian body that investigates complaints of BPD misconduct, is able to access body camera footage to investigate complaints. However, at Tuesday’s hearing, OPAT Executive Director Evandro Carvalho said he was denied access to the footage of King’s killing.
Carvalho said that the agency’s governing ordinance said that it cannot interfere with criminal investigations. He said that the agency’s position is it believes the public has a right to see the body camera footage but it also recognizes the integrity of the investigation must be protected. He acknowledge concerns about the premature release of footage but also that OPAT should have a more immediately role in viewing the footage.
“Our involvement early — informed and independent — can help increase the public’s trust,” Carvalho said. “Not only in the outcome of specific cases, but in the process itself.”
King’s death has been compared to George Floyd’s murder in 2020 by local advocates. But some activists say King’s death hasn’t prompted the same level of outcry because the public hasn’t seen body camera footage of the shooting.
Earlier this week, civil rights attorney Ben Crump, who previously led legal teams for the families of Floyd, Trayvon Martin and Breonna Taylor, announced he is now representing King’s family.
“The arrest and arraignment of the officer who killed him speaks volumes about the gravity of this case. This family deserves the full truth, real accountability, and justice that is not delayed or denied. We will not stop fighting until they get it,” Crump said in a statement.
