Attorney general accused of rubber-stamping Lexington police on body-cam arrest video
Attorney General Daniel Cameron’s office has ruled Lexington police do not have to turn over body-worn camera footage of arrests of Black Lives Matter protesters in mid-June because the footage was part of an ongoing criminal investigation.
The opinion, released Monday, said Lexington police were right to deny Scott Horn’s June 16 open records request for body-worn camera footage and other videos, including those showing the arrests of 20 protesters on the night of June 13.
On Monday, Horn said the department’s denial of his request shows the duplicity of the Lexington Police Department. The department released officers’ body camera footage of arrests of five protesters July 11 after protesters alleged an officer used a choke hold to subdue James Whitehead, a protester. The police department said its video showed no choke hold was used.
“The video released in this incident falls into the same category of records as what I requested for an earlier night of protests, which was blanketly denied,” Horn said. “The police seem to be releasing footage of protests that paints their actions in a positive light while refusing to follow open records laws for footage of similar instances, and the AG is willing to rubber-stamp their actions.”
Officials with the Lexington Police Department said the release of body-worn camera videos is on a case-by-case basis.
“While some of these requests involve open criminal cases, the department must also consider the public’s interest or demands in seeing the video evidence,” said Brenna Angel, a spokeswoman for the department. “In recent weeks, Lexington Police has seen requests from residents, the press, and elected officials to quickly release (body-worn camera) video for several incidents. The release of video is sometimes necessary, not just for the sake of department transparency, but also to address any rumors or disinformation that may be circulating on social media. The LPD must also weigh whether releasing the video will be harmful to the case.”
Lexington police have said they support the release of body camera footage from a July 31 officer-involved shooting. Lexington officer Miller Owens shot Darion D. Worfolk, 26, after he refused to drop a gun, police say. Worfolk’s injuries were not life-threatening. Kentucky State Police is investigating the shooting and has not yet released the video.
On June 13, 20 protesters were arrested and charged with an assortment of violations, including second-degree disorderly conduct, failure to disperse, menacing and resisting arrest. Some of the protesters crossed a police barricade in front of police headquarters and either lay or knelt on the sidewalk during a “die-in” that protesters hoped would last for 8 minutes and 46 seconds in honor of George Floyd.
Protesters marched through Lexington streets for more than 20 days to demand more police accountability and to speak out against racial injustice.
The department at first did not search for the records responsive to Horn’s request, the attorney general’s opinion said. It acknowledged the body camera footage existed but denied the request, citing an exemption in the Open Records Act that allows for information to be withheld if it is part of an ongoing investigation.
On appeal, the department later searched and found 239 videos totaling 61.5 hours of footage.
The department argued releasing the videos would harm its investigation: “including the risk that potential suspects may learn that they are under investigation, that the release of videos may taint witness testimony, and that witnesses may refuse to cooperate out of fear of retaliation.”
The attorney general’s office agreed the department could withhold the body camera footage based on the ongoing criminal investigation exemption.
Horn said he has no connection to the protesters. Horn said he requested videos of the mid-June arrests because some of the organizers of the protests were charged with inciting a riot, which raised questions.
“From what I’ve been able to gather, the 20 protesters crossed police barricades, knelt, and weren’t involved in any violent activities,” Horn said. He wanted to see the body-camera footage to determine what happened and if the police response was appropriate, he said.
This story was originally published August 11, 2020 at 2:28 PM.
