Public access to taxpayer-paid police video not easy in Pennsylvania, right-to-know experts say
PITTSBURGH (KDKA) — Across the nation, taxpayers are paying hundreds of millions of dollars for dash cams and body cameras for local police officers.
As KDKA-TV's Jon Delano reports, some say in Pennsylvania this is video the public rarely gets to see.
After police in Ligonier Township released video of an officer firing a gun during a domestic call at a man with a machete who later died, Westmoreland County District Attorney Nicole Ziccarelli asked all police departments to have her office review police video before releasing it publicly.
"She's got a good argument to tell the law enforcement departments within her jurisdiction, please let me look at them, because part of the law, Act 22, talks about ongoing investigations and other reasons why the footage might be shielded," says Paula Knudsen Burker, an attorney for the Reporters Committee for Freedom of the Press.
Burke, who has filed right-to-know cases, says Act 22, which governs the release of police video, makes local police departments responsible for saying yes or no to requests from the public to see the video.
But the police departments may also enter an agreement with the DA, allowing the DA to review and block access to video.
"Let me be as plain as I can. Act 22 is a mess," says attorney Terry Mutchler.
Mutchler was the first director of Pennsylvania's Open Records Office. Now in private practice, she says the law creates roadblocks to easy access to what should often, but not always, be made public, making it more difficult to see a public video record than a public document.
"There's a fee to even start the process. It's over $100 to get in the game as opposed to a public record under the public right-to-know law, which is free to citizens," says Mutchler.
Second, requests must be made quickly, within 60 days of the event. Both attorneys say local police and DAs often delay, claiming an ongoing investigation.
"Another read that perhaps law enforcement might take would be to say," says Burke, "'Well, we have to preserve active investigations. We can't show the public what's happening.'
"But this all begs the question. If the taxpayers of Pennsylvania are ponying up a significant amount of money to pay for this technology, why can't we see the footage?"
Delano: "How does Pennsylvania stack up with respect to other states when it comes to release of police video?"
Burker: "Unfortunately, Pennsylvania is among a number of other states that have not seen the promise of body camera footage laws blossom and allow for greater transparency."
Mutchler, who has many police officers in her family, says video cams also protect police from unfair citizen charges, and releasing video should not be such a struggle.
"I've not yet seen someone turn over police video quickly or willingly," she added.
When and how citizens can access police video is a complicated issue that some lawmakers say now needs another review by the legislature.