PAX Centurion - Fall 2016

www.bppa.org PAX CENTURION • Fall 2016 • Page 55 Body camera discovery debacle A s most of you know, the controversial body camera pilot program kicked off last week following JudgeWilkins’ ruling. For at least the next six months, several dozen patrolmen will be donning these cameras during their tours of duty. The city has contracted with two tech companies that will provide cloud-based storage for the footage captured by the cameras. At the end of the six months, Dr. Anthony Braga , who runs the School of Criminology and Criminal Justice at Northeastern University, will review the footage and provide a report on how effective the cameras are. It is expected that Dr. Braga will specifically analyze police and community interactions as well as use of force episodes. If Braga’s report is favorable to the use of cameras, Commissioner Evans and the department will most likely recommend expanded implementation of the program and be forced to work with the city, the city council and the unions in ironing out the budgetary and logistical issues that will accompany such an endeavor. Every second of video captured by every officer is potential evidence in a criminal case. This will obviously take up an enormous amount of virtual storage space and, similarly, require some serious manpower to organize and manage all the data. One logistical issue that, in my humble opinion, has not received the attention it deserves involves the potential discovery nightmare that will ensue in a criminal prosecution as a result of all this new evidence. To the outsider, the perception of how body cameras will affect criminal cases probably appears straight-forward. For example, an officer makes an arrest, returns to the station, reviews the body cam footage, downloads it to the cloud and drafts his/her report. Later on, the Assistant District Attorney handling the case turns that footage over to the defense attorney if requested. Easy enough, right? Not so fast. In the example above, we are assuming the officer or arresting officers review all footage before writing their reports in order to avoid discrepancies. Although strongly encouraged, is that really practical? There will be a whole lot of OT pay if that is to occur. Second, and even less realistic, we are assuming that the footage will be flawlessly and freely disclosed to defense attorneys upon request. Has anyone encountered a discovery motion from one of CPCS’s finest? They will undoubtedly file motions requesting the body cam footage of each and every officer who responds to the scene regardless of his or her involvement in the arrest. And, unfortunately, I wouldn’t put it past some Boston Municipal Court judges to allow these motions. Moreover, ADA’s, who are bogged down as it is, will be forced to request hours of video from BPD that most likely has no relevance to a defendant’s guilt. This will slow down prosecutions and clog dockets even further. I highly doubt BPD is prepared to handle this volume. Furthermore, what about witness protection and privacy issues that will stem from disclosure of footage? How will that be handled? Will jurors expect video in every situation and have a difficult time crediting an officer’s testimony if said video does not exist? How will chain of custody issues be dealt with?What will the sanctions be if footage gets lost, misplaced or incorrectly downloaded?Will theAnti-Corruption Division liberally entertain citizen complaints against officers who they [the citizens] allege have intentionally deleted video? I hope that Dr. Braga will think through all these issues and provide guidance on how they are to be handled. I also hope the department itself, the Suffolk DA’s office and designated personnel from the judiciary will be ahead of the curve in setting up guidelines and protocol for body camera evidence in criminal cases, or at least be proactive in opening up the discussion before it becomes a enigma.Your jobs are tough enough and if body cameras are the next big thing, let’s make sure they don’t cripple the court process and undermine your hard work.Your union has your back and we do too. Stay safe out on patrol and take care of each other. Legal Thoughts: Peter D. Pasciucco, Esq. Byrne & Anderson, L.L.P., Counsel to Members of the Boston Police Patrolmen’s Association Dear Officer Bruno, Thank you for your recent article in the Pax Centurion, “Fathers Know Best.” It brought back memories of my being a kid in Dorchester, Jamaica Plain and a three -year student at Christopher Columbus High School. I have never been a Police Officer, yet as a kid what a great influence the “men in blue” in my life. I’m 75 years old now, and still working as a P.I. I continue to meet great Boston Police Officers frequently. The North End of Boston was a significant influence in my life. Learning to shoot pool at Ziggy’s, a half dozen kids at once at a table, a dim light bulb, all for for a nickel! Father Emil, was a Franciscan priest whio was tough, kind and tremedously loud and respected. My wife, Rose, of fifty years and I had our first date at MommaAnna’s on Hanover Street. Your father did a great job with you, per this article. It would be nice next Father’s Day to see your article in the Boston Herald for all to read. God BlessYou and your fellow officers. I’m very proud of my Hundred Club membership. – Paul Vaughan, August 3, 2016 Letter to the Editor Fathers know best