What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Even knowing how infrequently police officers are held accountable for shooting unarmed black people, I’m stunned two outside reviews determined it was “reasonable” for a Cleveland police officer to use deadly force against twelve-year-old Tamir Rice last year. You don’t have to study that case thoroughly to recognize that “officers rushed Tamir and shot him immediately without assessing the situation in the least.” Police fired twice at short range within seconds, then didn’t offer first aid to the boy who had been holding a pellet gun.

The Washington Post maintains the most complete database on fatal shootings by on-duty police officers, tracking such cases more thoroughly than the federal government. This week Kimberly Kindy published an outstanding investigative report for the Post about how often police departments refuse to release videos of fatal incidents, even though “officers investigated in fatal shootings are routinely given access to body camera footage.” I’ve posted excerpts below, but you should click through to read the whole article.

Kindy discussed at length the accidental shooting of Autumn Steele by a Burlington, Iowa police officer in January of this year, and the fight to gain access to video of the tragedy. Kindy found that of 760 fatal shootings by police across the country so far in 2015, 49 incidents were “captured by body camera,” but “Just 21 of those videos – less than half – have been publicly released. And in several of those cases, the footage, as in Burlington, was severely cut or otherwise edited.” State officials released only a 12-second excerpt from the body cam video of the Steele shooting. I’ve also posted below clips containing background on Steele’s death and her family’s battle with authorities trying to keep relevant information secret.

Public pressure to equip more on-duty police officers with body cams has mounted over the past year, but such programs incur much greater costs than simply purchasing the cameras, Brian Bakst and Ryan Foley reported for the Associated Press in February. Departments must pay ongoing software and data storage fees.

“Everybody is screaming, ‘We need body cameras.’ But nobody is saying, where is the money coming from? What are you going to do with all the data? Who is going to manage it?” said Sgt. Jason Halifax of the Des Moines Police Department, which is struggling to identify a funding source for $300,000 to start a program. “Are we going to cut personnel? Are we going to increase taxes?”

One of the most shocking Iowa news stories I read this week appeared on the Ottumwa Evening Post website October 8. Pam Credille recounted how one night in June, a misread license plate led to a police pursuit that “should have never happened” under the Fairfield Police Department’s policy. Officers continued to pursue the car far beyond city limits (again violating department policy), and one officer was tempted to try to “box in” the fleeing vehicle (which would have been another violation). After the car spun into a ditch, Fairfield police officers ran toward it and fired several shots each. It’s just dumb luck neither of the unarmed teenagers inside were injured or killed. Credille’s story contains eight YouTube videos taken from police car dashboard camera footage before, during, and after the shooting incident. The officers involved were not disciplined; Fairfield Police Chief Dave Thomas told Credille, “I believe they responded appropriately and were safe and did a good job in defending themselves.” From what?

The Ottumwa Evening Post report reminded me of Tyler Comstock’s shooting death at the hands of an Ames police officer in November 2013. But in that incident, Comstock’s father initiated the police pursuit of his son by reporting his truck stolen after the 19-year-old took it without permission. As in the case of Autumn Steele, the county attorney determined the officer’s actions to be justified. Comstock’s family has since filed a wrongful death claim. UPDATE: Bleeding Heartland user rockm noted in the comments that the city of Ames settled with Comstock’s family “to avoid litigation.”

From Kimberly Kindy’s October 8 report for the Washington Post, “Police withhold videos despite vows of transparency”:

Nationwide, police have shot and killed 760 people since January, according to a Washington Post database tracking every fatal shooting. Of those, The Post has found 49 incidents captured by body camera, or about 6 percent.

Just 21 of those videos – less than half – have been publicly released. And in several of those cases, the footage, as in Burlington, was severely cut or otherwise edited.

Meanwhile, virtually all of the 36 departments involved in those shootings have permitted their officers to view the videos before giving statements to investigators, The Post found. Civil and human rights groups fear that access could help rogue officers tailor their stories to obscure misconduct and avoid prosecution. […]

“What point is there of even doing this if they are going to be treated this way? Why even spend the money on these cameras?” said Burlington Mayor Shane McCampbell, who has called on police to release video of the Steele shooting. He noted that police promised greater openness last year when they petitioned the city to buy body cameras.

If the videos “are going to be a secret, no one is being held accountable,” McCampbell said. “And that was the point.” […]

Civil rights organizations say policies that restrict access subvert the promise of body cameras.

“If police departments and law enforcement become the sole arbiters of what video the public gets to see, body cameras will go from being a transparency and accountability tool to a surveillance and propaganda tool,” said Chad Marlow, an attorney with the American Civil Liberties Union. “Are we going to let that happen?” […]

“If you are going to concoct a story that isn’t true, it is awfully helpful to know if you will or will not be contradicted by your body camera video,” said Marlow, the attorney at the ACLU.

Katherine Klingseis for the Des Moines Register on February 27,

The Des Moines County attorney ruled no criminal charges will be filed against a Burlington police officer who fatally shot a woman while trying to thwart a dog attack.

Amy Beavers announced her decision Friday to not charge Officer Jesse Hill in the shooting death of Autumn Steele, 34, the Associated Press reported.

The shooting occurred when Hill was responding to a domestic dispute in Burlington on Jan. 6. At the scene, Hill fired his weapon twice to stop an attack by a German shepherd, according to the Associated Press.

One round hit Steele in the middle part of her torso. She was later pronounced dead at a hospital. […]

Adam J. Klein, an attorney who represents Steele’s 7-year-old son, said in a news release that Bevers statement on her decision makes it appear as if she reached her “determination by simply ignoring Iowa law.”

Klein said Bevers ignored a part of Iowa law that says involuntary manslaughter, as an aggravated misdemeanor, is punishable “when the person unintentionally causes the death of another person by the commission of an act in a manner likely to cause death or serious injury.”

Klein argued that Hill’s actions would fit under this section. In the news release, Klein said Bevers “does not argue otherwise; instead, she has simply ignored the law.”

Des Moines Register March 24 editorial, Shooting illustrates need to release videos:

Des Moines County Attorney Amy Beavers has declined to comment on why Hill wasn’t charged with misdemeanor involuntary manslaughter. Last Thursday, the city refused The Des Moines Register’s request for one of the most crucial pieces of evidence in the case: the video from Officer Hill’s body camera. The city argued that Iowa law prohibits disclosure of the tape because it is part of a police agency’s “investigative” file.

On Monday, however, the Iowa Division of Criminal Investigation released a 12-second excerpt of that same video. […]

The city’s refusal to release the video is hard to fathom. Its attorney, Holly Corkery, argues in a letter that the city “cannot produce” any investigative records since, by law, they must be kept confidential. That fact is, that law expressly cites the right to release such records. Disclosure is clearly discretionary, which is why the DCI was able to release an excerpt of its own copy of the video. […]

The Burlington case is a perfect example of why Iowa legislators need to revise the state law that now enables police agencies to keep sealed, at their own discretion, all records they consider “investigative” in nature.

In cases where charges are filed, secrecy is less of an issue because the basis for a criminal charge will become public in court if the case goes to trial. But in cases where no charges are filed, evidence that either exonerates people or points to their guilt can be kept forever under wraps, which means police and county attorneys can’t be held accountable for burying cases that should have been prosecuted.

Iowa law should be revised so that once a police investigation is complete, the disclosure of investigative records, whether they exist on paper or as digital audio and video files, is mandatory, not discretionary. Since Iowa law would still allow the police to withhold any information that would “jeopardize an investigation or pose a clear and present danger to the safety of an individual,” that level of disclosure should serve the interests of the public and the police.

From Ryan Foley’s May 14 report for the AP, “Relatives demand detail on killing by Burlington police”:

A prosecutor determined that the shooting was justified because the dog attacked the officer, who has since returned to work without having been disciplined. But authorities have withheld Iowa Division of Criminal Investigation reports documenting the agency’s review of the shooting.

Steele’s mother, Gina Colbert of Columbus, Georgia, recently traveled to Iowa to demand the “full and unconditional release” of the records, saying authorities were defying the law.[…]

After Beavers’ decision, [Steele family attorney Adam] Klein filed an open records request seeking DCI’s evidence, which would likely include additional body and car camera videos, witness statements, photos and forensic reports. The agency objected, citing an exemption in which “peace officers’ investigative reports” can be kept confidential. Klein contends they should be public since the investigation is complete.

An assistant attorney general later told Klein the DCI would be receptive to releasing files to the city and Steele’s family if they submitted a joint request, Klein said.

Martha Shaff, a lawyer representing Burlington and its insurance carrier, told Klein in a March 25 email that her clients wanted a confidentiality agreement “that the information not be divulged to anyone” outside the case. Klein said Steele’s relatives reluctantly agreed to that concept and he started negotiating its wording. Then Shaff reversed course April 27, saying her clients were concerned about the ability to enforce the confidentiality agreement and won’t agree to a release until a judge decides who can access the records.

From the Des Moines Register’s editorial of May 27, “State covers up facts of police shooting”:

The department is able to do all of this only because Iowa legislators stubbornly refuse to change the state law that gives police agencies the ability to forever keep secret all of their “investigative” materials in a case – even when there is no active investigation. The local agencies involved in the Steele case, including the Burlington Police Department and the Des Moines County Attorney’s Office, claim they turned over to the state all of their own records related to the case, without keeping copies for their own use.

It’s worth noting that nothing in Iowa law prohibits the Department of Public Safety from making the requested records public. When it comes to investigative files, disclosure is merely discretionary. That is, the agency has the choice of either releasing the records or keeping them confidential.

The default choice, of course, is secrecy. And in this instance, the task of defending that choice has fallen to Jeff Peterzalek, an assistant attorney general who says the unreleased portions of the video should be kept confidential because they show Steele in a state of partial undress and receiving medical treatment.

“I can’t imagine a family would be real happy with the disclosure of video of their family member ultimately dying,” Peterzalek told the Iowa Public Information Board last week.

Peterzalek’s feigned concern for the Steele family is galling. The family has a complaint before the Public Information Board, seeking full disclosure of the requested records. Steele’s mother, Gina Colbert, has publicly called for the full and unconditional release of the videos and other documents, and has written a newspaper column to that effect.

In July, Iowa Public Information Board Executive Director Charlie Smithson determined, “complaints filed by the family of Autumn Steele and the [Burlington] Hawk Eye newspaper should be dismissed.” Smithson believes “Iowa law allows for police reports to remain confidential indefinitely, even after investigations conclude.”

Fortunately, the board did not rubber-stamp the executive director’s advice, Jason Clayworth reported for the Des Moines Register on September 17.

The Iowa Public Information Board on Thursday rejected the recommendation of its executive director Charlie Smithson, who sided with the state and asked for the issue to be dismissed.

The woman’s family described the board’s action as a substantial step in their seven-month battle to obtain even the most routine public documents. […]

Some Iowa police departments have argued that records that have touched an investigative file can be forever kept secret and are refusing to release such documents, even when cases are closed.  And the local agencies involved – including the Burlington Police and the Des Moines County Attorney –  claim they turned all their records over to the state and can’t provide the information to the public.

Attorneys for the state have cited a 2014 Polk County case in which a district court judge ruled that – because of punctuation in Iowa law – investigative records are unconditionally off limits to the public. They also argued that a balancing test to measure whether public interest outweighs a government body’s desire for secrecy should not apply based on previous court cases.

The five-to-three vote by the board now means the staff will attempt to find compromise between the parties for an “informal resolution” and – if that fails – will launch an investigation that could ultimately compel the records to be released.