Decision expected next week on Talbot surveillance tapes

BOSTON – A Suffolk Superior Court judge is expected to rule next week whether The Daily Item is entitled to a surveillance video linked to the September 2007 shooting death of Revere Police Officer Daniel Talbot, after hearing arguments from both sides in a Boston courtroom Friday.The Item is suing against the office of Suffolk County District Attorney Daniel Conley, who is in possession of the tape, on the grounds that a video shot of public employees socializing on public property from a public camera renders the video itself public information.Conley’s office has repeatedly denied the newspaper’s request to obtain a copy of the tape, citing investigatory exemptions that suggest releasing the video would compromise the integrity of the criminal investigation into the shooting.Judge John C. Cratsley listened to arguments from both parties’ attorneys for approximately 30 minutes Friday, and indicated he will hand down a written ruling next week.Item attorney Peter Caruso and his son, Peter Caruso II argued that regardless of the tape’s involvement in a grand jury trial, from the moment the film was recorded, it has been and should remain public record.In addition, Caruso argued that Conley’s office did not disclose the exemption within the 10 days required by law, rendering that argument invalid in this case.Conley’s attorney, John Zanini, argued that releasing the video to the media would compromise the grand jury trial that is still open, where the video could still be added as evidence. In addition, he questioned the urgency of viewing the video now six months after the incident took place.While Zanini attempted to question the Item’s motives, Caruso reiterated that the issue is not why the paper wants to see the tape, but why the District Attorney is withholding public information.”It is very important that the public satisfy with its own eyes the mode in which the way public safety is being performed,” he said. “All we are seeking is a public record. It was a public record before the indictment, it remains a public record since the instant that it was made.”While the shooting happened in September, The Item did not request access to the video until December 2007 after it became apparent that the tape might contain footage of the events leading to Talbot’s death.Talbot, his girlfriend and three other off-duty officers were reportedly drinking behind Revere High School in the early morning hours of Sept. 29 when Talbot was allegedly shot in the head and killed after a brief confrontation with a teenager passing through the schoolyard.Police have since indicted four suspects, Derek Lodie, who is alleged to have had the initial confrontation with Talbot, Robert Iacoviello, who police believe Lodie summonsed after the argument and eventually fired the shot that killed Talbot, and two associates, Gia Nagy and James Heang.Conley’s office has not said what, if anything, the video contains.