Item files suit vs. Suffolk DA over Talbot surveillance tapes

REVERE – More than a month after formally requesting Suffolk County District Attorney Daniel Conley release a video surveillance tape detailing the events leading to the shooting death of Revere Police Officer Daniel Talbot, The Daily Item has filed a preliminary injunction against Conley’s office in Suffolk County Superior Court.”The public’s right to know what happened the night Daniel Talbot was killed is the biggest factor in our decision to pursue the release of the video,” Item Managing Editor Henry J. Collins said. “The actions took place on a public field and were captured by a camera mounted on a public building. From the beginning we have believed this video was a public record and it is our obligation as a newspaper to file suit against the district attorney.”In a letter to Conley’s office dated Dec. 6, 2007, The Item requested access to the Sept. 29 surveillance video, taken by a camera mounted in the rear of Revere High School the night of Talbot’s death. Conley’s office refused, claiming that releasing the footage would “jeopardize the active and ongoing investigation.”After receiving a detailed response from The Item dated Dec. 14, 2007, outlining the specific reasons the newspaper is entitled to the surveillance video, Conley’s office failed to respond.As a result, and as the investigation into the officer’s alleged murder continues, Item attorney Peter J. Caruso took the next step in the legal process Thursday, filing court documents requesting access of the video under the Massachusetts Public Records Law, commonly known as the Freedom of Information Act.The State Freedom of Information Act states that “Every person having custody of public record?shall, at reasonable times and without unreasonable delay, permit it, or any segregable portion of a record which is an independent public record, to be inspected and examined by any person? and shall furnish one copy thereof at a reasonable fee.”According to The Item’s claims, the video tape satisfies the definition of a public record because it is mounted on the back of a public building, Revere High School, using public funds to record activity on public grounds behind the school and the holder of the tape (Conley) is a public employee of the commonwealth.In addition, The Item claims that Conley has failed to prove that the video is exempted from disclosure for any one specific reason, and claimed the video was covered under the “investigatory exemption” only after realizing he was facing legal action.”Such a lack of specificity may alone disqualify the District Attorney’s denial as appropriate,” the suit reads. “Only after the counsel for the (Item) placed a courtesy call to the District Attorney’s office prior to instituting this action did the District Attorney attempt to properly identify the exemption.”The Item is claiming that courts must determine whether the disclosure of the tape would prevent law enforcement from being candid in observations while investigating, discourage citizens to speak freely about the events of the investigation or disclose confidential investigative procedures if Conley’s exemption were to hold true.The Item is requesting a hearing on Thursday, Feb. 28, 2008 in Suffolk Superior Court to resolve this matter.