Lakewood Loses Appeal in Body Cam Case
Lakewood spent two years fighting against releasing body cam footage in a fatal shooting case but has now lost in the Court of Appeals. The issue was first raised by then-City Councilor Anita Springsteen. The original story can be found at Fox31: 17-year-old’s killing by police raises questions for councilor. After turning down multiple requests for the video release, Scripps News filed a lawsuit, naming Springsteen as the requesting official. Lakewood lost in lower court, then appealed and has now lost the appeal. The ruling was made July 10. The footage has not yet been released. By Jeffrey A. Roberts, Executive Director, Colorado Freedom of Information Coalition Appeals court: Children’s Code does not bar public disclosure of blurred body-cam footage showing Lakewood officers killing 17-year-old robbery suspect Colorado’s Children’s Code does not prohibit the public disclosure of blurred body-worn camera footage of Lakewood police shooting and killing a 17-year-old robbery suspect in 2023, the Colorado Court of Appeals ruled Thursday. Affirming a district court decision, a three-judge appellate panel rejected the city of Lakewood’s argument that the statute which protects the confidentiality of juvenile records trumps the footage-release provisions in the 2020 Law Enforcement Integrity Act. The statute, the judges concluded, “unambiguously required the court to release” the video. The body camera footage is not a “juvenile record” under the Children’s Code, the opinion says. Rather, “it is a conduit through which information from a juvenile record might be disclosed absent blurring of the video. And even in that circumstance — where the BWC footage might reveal a juvenile record — the statute does not bar release of the footage. The court must still release the footage, but it must blur the video to account for the juvenile’s privacy interest.” The case concerns the shooting of Mariana Martinez by Lakewood police on March 27, 2023. According to a news story, the department initially said Martinez fired at officers but clarified the next day that she pointed a gun at them. First Judicial District Attorney Alexis King found that the officers’ use of deadly force against Martinez “was legally justified to defend themselves and others from the threat posed by Miss Martinez.” Read the full article at CFOIC…
