Bay Minette points to police bodycam footage to bolster lawsuit defense — but wants video sealed

MOBILE, Ala. (WALA) – Attorneys for the city of Bay Minette want to introduce body and dashcam videos to bolster their argument that a wrongful death lawsuit should be dismissed, but they don’t want the public to see it.

The city’s lawyers have asked a federal judge to keep the videos secret. In court documents, they cite threats on social media directed at Officer Brandon Thompson.

“The release of the body camera and dash cam will only increase a toxic brew of hate and hate,” they wrote in a court filing.

Otis French Jr. was killed in the August 2022 shooting. The city alleges French took the officer’s Taser gun.

A lawyer for the French family notes that the family wants the footage released. The plaintiff’s attorney, Je Yon Jung, argues in his response that the hurdle to sealing evidence in a federal case is extremely high.

“They raise only vague, speculative concerns about public response and do not demonstrate specific, credible threats or harm that would result from disclosure,” she wrote. “Furthermore, the defendants ignore the significant public interest in transparency in law enforcement activities, particularly in cases involving the use of deadly force.”

Chief U.S. District Judge Jeffrey Beaverstock indicated this week that he will hear the matter on Nov. 6, while also hearing arguments on whether the lawsuit should be dismissed.

Evans Bailey, outside general counsel for the Alabama Press Association, told FOX10 News that it is rare for federal judges to block access to court documents.

“Typically these are public records that the public should have access to,” he said. “But there are exceptions to this rule.”

Bailey said the judge could decide to hide the video from the public for now but release it later. He pointed to a 2021 court ruling by a federal judge related to bodycam video of a police shooting in Huntsville. Judge Abdul Kallon initially kept the bodycam video under seal. However, he agreed to the release after granting the officer’s motion to dismiss the lawsuit.

“And he wrote a really long statement about it expressing how important it is for people — particularly in recent years — to hold law enforcement accountable; how it is in the public interest for them to see these records,” he said.

The Huntsville case involved a 2019 police shooting that resulted in the death of Crystal Ragland. In this case, the judge found that the officers’ actions were justified.

A federal judge in Montgomery cited Kallon’s ruling at length when he ruled that body camera footage would not be made publicly available in a case involving a person who died after being bitten by a police dog. The ruling in that case found that the Huntsville case was closed when the public had access to the video.

“However, in this case, with only a few months remaining until jury selection and trial and the recently filed motions for summary judgment still pending, releasing the footage at this time requires significant consideration of the interests of the defendants and the public. “And the court helps ensure both the reality and the appearance of a fair and efficient administration of justice in upcoming proceedings,” the ruling said.

Bay Minette’s lawyers argued that the same reasoning applies to the current lawsuit. Aside from potentially endangering the officer, they argue it could “potentially poison the jury” and jeopardize the chances of a fair trial.

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