BOSTON — The body camera footage in the deadly carjacking that landed a Boston police officer in cuffs has yet to be released. However, some city councilors are trying to change that.
It has been less than four weeks since Stephenson King, a carjacking suspect, was shot and killed in Roxbury, and less than three weeks since Officer Nicholas O’Malley was arraigned on the charge of manslaughter, pleading not guilty.
Though still, the body camera footage from that encounter has yet to be released, and some Boston city councilors believe that should change.
Councilors Brian Worrell and Miniard Culpepper sponsored a public hearing Tuesday to examine the Boston Police Department’s protocols for releasing police body camera footage.
“Look, if we who have oversight can’t ask the Boston police department to sit down and let us review it, who can?” Councilor Culpepper questioned.
Councilor Culpepper is asking the BPD to give the council access to that footage.
“We’re the arm between the public and the Boston Police department so the community’s coming to us. We haven’t seen the body cam yet so we can’t say much to the community about actually what happened,” Councilor Culpepper explained.
However, Councilor Ed Flynn believes if there were to be such a policy, it would need to be fair and consistent.
“I think being fair and being consistent in who sees the video and when has to be part of it. But I don’t necessarily like selective viewing of the body camera depending on what the situation is. I think it has to be a uniformed policy,” Councilor Flynn said. “I don’t think we’re there yet, need a lot of work before we get to that place.
General counsel for BPD, David Fredette told the council, in order to access the footage, they would have to submit a public records request but “at this juncture in time, that would be denied based on the status of the death investigation that’s being run by the Suffolk County District Attorney’s office.”
During the hearing, there was a question of who has the jurisdiction to release this type of footage, whether it’s the district attorney’s office or the police commissioner.
Based on Massachusetts law, Councilor Culpepper believes it is the cooperation of both the DA and police commissioner that can make that decision, which he argues means the commissioner can decide to release the footage separate from the DA.
However, Fredette said that is not the case in death investigations.
The Suffolk County District Attorney’s Office declined to comment on Tuesday’s hearing.
Officer O’Malley’s defense attorney Ken Anderson wrote the following statement:
“My one and only concern is Officer O’Malley’s ability to receive a fair trial, and for that reason the video should not be released until after the trial.”
Officer O’Malley is due back in court on May 21st.
This is a developing story. Check back for updates as more information becomes available.
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