The Milwaukee Police Department, the police union and police reformers have reached a working consensus regarding the release of video and audio recordings in the department’s possession.
However, not all of these groups are satisfied with the policy.
“It’s not that – we’re not done yet,” said Maria Hamilton, the mother of Dontre Hamilton, who was killed by a police officer at Red Arrow Park in 2014.
Standard Operating Procedure 575 provides specific guidelines on when, why, and to whom MPD must make available records in its possession.
If there is a recording that shows an officer discharging a firearm and killing a person, the MPD must make “reasonable efforts” to provide that person’s next of kin with an opportunity to view or listen to the recording within 48 hours.
If there is a record of an officer-involved death, or a death or serious bodily injury caused by the actions of a service member that occurred while in police custody, or any other incident deemed “critical” by the Chief of Police, the MPD must release the records to the public within 15 days of the incident.
The policy applies to: body camera videos, in-car videos, audio recordings of 911 and emergency calls, other videos recorded by the department, videos recorded by other persons or entities in the department’s possession.
To protect privacy, secure confidential information and avoid compromising investigations, records may be edited, redacted or withheld, the policy states.
An MPD spokesman confirmed that the directive came into force in July.
Relevant records would be released in accordance with the policy and requests for other records would have to be made through an open records request, the spokesman said.
Reactions from the police union
Policy decisions, including those about releasing records, should be made by the police chief because he has the expertise, says Alexander Ayala, president of the Milwaukee Police Association, the union that represents MPD officers.
However, Ayala said he was not against transparency.
“I hope we can work out something that benefits my members, the department and the community because it’s a three-pronged approach,” he said.
Ayala recognizes that in some cases there may be overwhelming community demand for recordings and showing videos may mitigate some disruption.
“I am totally in favor of this,” said Ayala.
As for general changes, Ayala said he would be interested in discussing with Milwaukee Police Chief Jeffrey Norman the possibility of extending the time period for releasing records to relatives.
“I would just like a few more days than just 48 hours,” Ayala said.
The main purpose of this change is to ensure the integrity of investigations, he said.
Reaction of reform supporters
Proponents of reform said the needs of the police outweighed the needs of the community.
The MPD is expected to stick with the current policy, said Alan Chavoya, public relations director for the Milwaukee Alliance Against Racism & Political Repression, a group that has worked with Hamilton and has long advocated for the recording release policy.
MPD did not respond when asked whether Norman would consider such an extension.
“That’s why we protested”
Hamilton said the measure was a step in the right direction.
“First and foremost, transparency is the reason why I and my family fought. That’s why we protested,” she said.
Hamilton founded the Coalition for Justice, which advocates for police reforms, and was part of the lobbying effort to require officers assigned body cameras to wear them at all times while on duty.
Access to records provided under the new policy could help victims’ families find closure, she said.
Control over the narrative
In addition, records can help combat misleading portrayals of police that are further amplified by the media, Hamilton says.
The original police report on the killing of Dontre Hamilton portrayed the incident as a result of his mental illness.
For example, an article in the Milwaukee Journal Sentinel the day after the shooting stated that the police officer initiated a body search of Dontre Hamilton, during which, according to then-Police Chief Edward Flynn, there was “a sudden outbreak of violence.”
However, Flynn later fired the officer because he had ordered a body search that he believed violated department policy.
“That first narrative, when those press conferences are over, leads the community. The community follows,” Maria Hamilton said.
The new policy is a step in the right direction, but just a step, she said.
Their goal is to give the community greater control over police recruitment, training and discipline.
“In my opinion, we just need to do our due diligence and move forward,” she said.
Devin Blake is a justice reporter for the Milwaukee Neighborhood News Service. His position is funded by the Foundation for Public Welfarewhich plays no role in the editorial decisions of the NNS newsroom.
