From the Charlotte Observer (1/20/10): Police must release all 911 tapes and police radio communications associated with former Officer Marcus Jackson, a Mecklenburg judge ruled Wednesday.
Jackson, 26, was arrested and fired last month after several women accused him of sexually assaulting them during traffic stops. Police last week moved to block the release of emergency communications associated with his activities.
“The recordings are public record…and therefore subject to disclosure,” Superior Court Judge Richard Boner ruled after reviewing the tapes in private.
“The Court finds that the petitioner has failed to prove…that release of the recordings of the 911 call and police radio transmissions will jeopardize the State’s prosecution of Marcus Jackson or the right of Marcus Jackson to receive a fair trial,” he wrote.
Last week, the Charlotte Observer joined with other local media outlets in requesting copies of the emergency communications – which are designated as public records under N.C. law.
A judge can seal such tapes if authorities prove the release would damage an investigation or prosecution. Lawyers for police and the media argued their cases last Thursday before Boner.
Deputy City Attorney Mark Newbold argued the tapes contain material that might compromise the investigation and prosecution of Jackson, discourage other victims from coming forward and damage Jackson’s right to a fair trial.
But Charlotte attorney Jonathan Buchan, representing the media outlets, argued that releasing the tapes is important to maintain public trust in the police.
He also said the information poses no more risk of harm to this case than the release of such tapes in other cases.
Buchan also disputed the idea that victims would be discouraged from coming forward, and that some women have actually been encouraged by the intense publicity to report their own allegations against Jackson.
Charlotte-Mecklenburg police haven’t said yet whether they will release the tapes immediately or seek to appeal the ruling.
by Ely Portillo, Charlotte Observer Staff Writer