Legislation touted as ensuring the dignity of law officers killed in the line of duty may not do what its supporters think.
Senate Bill 968, by Sen. John Haste, R-Broken Arrow, was prompted by dashboard camera video of Tulsa Police Sgt. Craig Johnson being shot to death and Officer Aurash Zarkeshan being seriously wounded during a traffic stop last summer.
SB 968 would insert language into the Oklahoma Open Records Act barring law enforcement agencies from releasing such images except by court order.
But people familiar with the Open Records Act, and particularly the section dealing with video, said the Johnson video would be just as likely to become public record under SB 968 as it is now.
The Johnson video became public record not because of an open records request but because of a court order after defendant David Anthony Ware’s attorneys discovered that the video differed from the public accounts given by police.
Current law allows but does not require law enforcement agencies to release video such as the one depicting Johnson’s and Zarkeshan’s shootings. As a practical matter, those agencies rarely, if ever, surrender such images voluntarily, said Oklahoma Press Association Executive Vice President Mark Thomas and one of the architects of the state’s open records laws.
“It’s not as if high-ranking law enforcement officials are going to get together and say, “Yes, let’s put out this video of our officer being killed.’”
Thomas said the OPA does not exactly support SB 968, as has been claimed by its proponents, but the organization isn’t actively opposing it, either.
The main reason for that, Thomas said, is because he doesn’t believe the measure will have any practical effect. Thomas and Oklahoma State University journalism professor Joey Senat, an open records and meetings watchdog, agreed that law enforcement agencies can already redact or withhold images of any dead bodies, law enforcement or otherwise.
And, Thomas said, “arguing for video of dead police officers would have zero support.”
Thomas and Senat said the purpose of open records laws, including those covering police video, is public oversight. For that reason, the main objection to SB 968 is that it also would prohibit the release of “any related acts or events immediately preceding or subsequent to the acts or events that caused or otherwise relate to the death.”
In theory, a law enforcement agency might use that language to withhold video of police wrongdoing in conjunction with an officer’s death. But, as now, it would have to produce the video in court proceedings and make it public if ordered to do so by a judge.
Thomas has been involved for nearly 20 years in the long, sometimes contentious dispute over whether law enforcement dashcam and bodycam video are public record.
Thomas said it began with the 2003 murder of Oklahoma Highway Patrol Officer Nikky Joe Green.
Green’s dashcam — then a new technology — captured the sound of his execution along a Cotton County road. The Open Records Act did not address video then, and the fight over releasing it resulted in the OHP’s securing an exception for it in 2005.
Since then, that exception has been partially repealed.
Over time, Thomas said, a policy was developed that permits law enforcement agencies to blur or redact images of dead bodies, officers or otherwise, unless the death occurred as a result of action by a law officer.
“If a police officer shoots somebody, they can’t cover it up,” Thomas said.
Related video: Tulsa Police Chief Wendell Franklin speaks about the release of a video showing the shootings of two Tulsa police officers
Tulsa Police Chief Wendell Franklin speaks prior to the release of a video of two Tulsa police officers being shot during a news conference Monday, Sept. 14, 2020. The video shows the shooting of Tulsa Police Sgt. Craig Johnson and Tulsa Police Officer Aurash Zarkeshan. Johnson later died from his injuries.
Gallery: Memorial service for Tulsa Police Sgt. Craig Johnson
Memorial service for Tulsa Police Sgt. Craig Johnson
Police Funeral

People stand along 61st Street west of Memorial Drive in Tulsa as they watch the funeral procession for Tulsa Police Sgt. Craig Johnson. JOHN CLANTON/Tulsa World
Police Funeral

Shelby Zimmer, of Tulsa, and Nancy Wilmeth, of Broken Arrow, holds an American flag was they watch the processional for Tulsa Police Sergeant Craig Johnson in front of Floral Haven Cemetery on Thursday, July 9, 2020. IAN MAULE/Tulsa World
Police Funeral

The hearse carrying the body of Tulsa Police Sgt. Craig Johnson leaves his funeral at Victory Church Thursday, July 9, 2020. Johnson was shot during a traffic stop on June 29th. MIKE SIMONS/Tulsa World
Police Funeral

People stand along 61st Street west of Memorial Drive as the funeral procession for Tulsa Police Sgt. Craig Johnson passes.
JOHN CLANTON/Tulsa World
Police Funeral

Tulsa firefighters salute as the funeral procession for Tulsa Police Sgt. Craig Johnson leaves Victory Church Thursday. MIKE SIMONS/Tulsa World
Police Funeral

People stand along 61st street west of Memorial Drive in Tulsa as they watch the funeral procession for Tulsa Police Sgt. Craig Johnson on Thursday, July 9, 2020. Johnson was shot during a traffic stop on June 29th. JOHN CLANTON/Tulsa World
Police Funeral

Carrie Dooely and granddaughter Hannah Millman, 7, both of Broken Arrow, wave flags as the funeral processional for Tulsa Police Sgt. Craig Johnson passes. IAN MAULE/Tulsa World
Police Funeral

Spectators watch the processional for Tulsa Police Sergeant Craig Johnson in front of Floral Haven Cemetery on Thursday, July 9, 2020. IAN MAULE/Tulsa World
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Elouise Connor, 4, walks passed Randy Harvey, both of Broken Arrow, as he salutes while watching the processional for Tulsa Police Sergeant Craig Johnson in front of Floral Haven Cemetery on Thursday, July 9, 2020. IAN MAULE/Tulsa World
Police Funeral

The hearse carrying the body of Tulsa Police Sgt. Craig Johnson is escorted by law enforcement officers as it leaves his funeral at Victory Church Thursday, July 9, 2020. Johnson was shot during a traffic stop on June 29th. MIKE SIMONS/Tulsa World
Police Funeral

People stand along 61st street west of Memorial Drive in Tulsa as they watch the funeral procession for Tulsa Police Sgt. Craig Johnson on Thursday, July 9, 2020. Johnson was shot during a traffic stop on June 29th. JOHN CLANTON/Tulsa World
Police Funeral

A police helicopter flies over the funeral for Tulsa Police Sgt. Craig Johnson at Victory Church Thursday, July 9, 2020. Johnson was shot during a traffic stop on June 29th. MIKE SIMONS/Tulsa World
Police Funeral

People stand along 61st street west of Memorial Drive in Tulsa as they watch the funeral procession for Tulsa Police Sgt. Craig Johnson on Thursday, July 9, 2020. Johnson was shot during a traffic stop on June 29th. JOHN CLANTON/Tulsa World
Police Funeral

People stand along 61st St. west of Memorial Drive in Tulsa as they watch the funeral procession for Sgt. Craig Johnson on Thursday, July 9, 2020. JOHN CLANTON/Tulsa World file
Police Funeral

People stand along 61st St. west of Memorial Drive in Tulsa as they watch the funeral procession for Sgt. Craig Johnson on Thursday, July 9, 2020. JOHN CLANTON/Tulsa World file
Police Funeral

A mourner stands outside the funeral for Tulsa Police Sgt. Craig Johnson July 9, 2020. Johnson was shot on June 29th during a traffic stop. MIKE SIMONS/Tulsa Word
Police Funeral

Tulsa Firefighter Ashton Phillips puts a flag atop a fire truck for Tulsa Police Sgt. Craig Johnson across the street from Johnson's funeral July 9, 2020. Johnson was shot on June 29th during a traffic stop. MIKE SIMONS/Tulsa Word
Police Funeral

Tulsa Fire Honor Guard stands atop a fire truck with a flag for Tulsa Police Sgt. Craig Johnson across the street from Johnson's funeral July 9, 2020. Johnson was shot on June 29th during a traffic stop. MIKE SIMONS/Tulsa Word
Police Funeral

A long line of mourners wait to enter Victory Church for the funeral of Tulsa Police Sgt. Craig Johnson July 9, 2020. Johnson was shot on June 29th during a traffic stop. MIKE SIMONS/Tulsa Word
Police Funeral

Mourners arrive at Victory Church for the funeral of Tulsa Police Sgt. Craig Johnson July 9, 2020. Johnson was shot on June 29th during a traffic stop. MIKE SIMONS/Tulsa Word
Police Funeral

A spectator holds an American flag while waiting for the processional for Tulsa Police Sergeant Craig Johnson in front of Floral Haven Cemetery on Thursday, July 9, 2020. IAN MAULE/Tulsa World
Police Funeral

A spectator waves an American Flag during the processional for Tulsa Police Sergeant Craig Johnson in front of Floral Haven Cemetery on Thursday, July 9, 2020. IAN MAULE/Tulsa World
Police Funeral

Randy Harvey, of Broken Arrow, salutes while watching the processional for Tulsa Police Sergeant Craig Johnson in front of Floral Haven Cemetery on Thursday, July 9, 2020. IAN MAULE/Tulsa World
Police Funeral

Spectators watch the processional for Tulsa Police Sergeant Craig Johnson in front of Floral Haven Cemetery on Thursday, July 9, 2020. IAN MAULE/Tulsa World
Police Funeral

Keith and Cindy Wells, both of Broken Arrow, wave American Flags while watching the processional for Tulsa Police Sergeant Craig Johnson in front of Floral Haven Cemetery on Thursday, July 9, 2020. IAN MAULE/Tulsa World