Tape of Revere cop murder sought by Item

Item Staff ReportREVERE – As the investigation into the shooting death of Revere Police Officer Daniel Talbot continues, The Daily Item has formally requested Suffolk County District Attorney Daniel F. Conley to release a video surveillance tape that shows the sequence of events the night Talbot was killed.In a letter sent to Conley’s office earlier this month The Item requested access to the video taken Sept. 29, 2007 from a camera mounted on Revere High School. The Item believes the video should be categorized as a public record as it was mounted on a public building and taped activities behind the school in a public field.In responding to The Item’s request, Assistant District Attorney Janis DiLoreto Noble wrote, “As you may know, the death of Officer Talbot is the subject of an ongoing investigation. As the production of the records you seek would jeopardize this active and ongoing homicide investigation, this Office will not make such materials available to you.”During a press conference Oct. 1, Conley said State Police detectives were examining a video surveillance tape mounted on the high school, which recorded some activity around the time of the shooting. However, Conley would not say what was on the tape.”Obviously we are all disappointed by the assistant district attorney’s ruling,” said Item Managing Editor Henry J. Collins. “We believe the citizens – the public – of Revere have a right to see what happened behind the high school that night and allow the truth to replace speculation.”The Item, through its attorney, Peter J. Caruso, responded to Noble saying, “your denial is in violation of the Public Records Statute and Massachusetts case law as it does not fall within the investigatory exemption.”As a result, you and your Office have failed to specifically provide evidence that would persuade a court to declare that the videotape cannot be disclosed as a result of the exemption contained in M.G.L. c. 4, §7 cl. 26(f).”Demand is hereby made for the immediate release of this public record. If you fail to do so we will seek injunctive relief through the Superior Court against the District Attorney, a report to the Attorney General, and a complaint to Alan Cote, the Supervisor of Public Records.”The Item’s first request was made on Thursday, Dec. 6 and the paper’s response to the denial was made Friday, Dec. 14.As of 5 p.m. Friday The Item had not received notification from the Suffolk County District Attorney Office regarding its second request for the video, but DA spokesman Jake Wark said, “The tape in question is evidence in an ongoing homicide investigation, and as such we are not in a position to release it to the media. We have taken pains to keep the public informed with regard to that investigation and we will continue to do so, but it must be in accordance with the rules of professional conduct and our ethical obligations to the court and defense counsel. Similar requests in unrelated cases have led to the same determination, which is that we must exercise discipline with evidence and potential evidence.”While The Item continues its efforts to receive what it believes is a public document regardless of its evidentiary role, defense attorney Peter Krupp has stated he has concerns the tape has been tampered with.”It is this newspaper’s responsibility to fight for our readers’ right to have access to information Massachusetts state law has entitled them to since 1851,” News Editor Jill Gadsby said. “We believe with such a high-profile case we can’t sit idly by, allowing others to control the information our readers get.”