Protecting Paramedics.......from the OHP?

[patric]

It's just a hand gesture....not like Bill O'Lielly and Fawks Network stirring the pot.....

The finger gesture is just a claim made after the fact to defend something indefensible, much like the Bixby trooper  turned in by other troopers for repeatedly kicking in the ribs of a handcuffed woman he later claimed spat.
 
Dont expect to see it on any dashcam video.  As a matter of fact, dont expect to see the unadulterated dashcam video period. As long as the video remains "secret" then OHP might as well claim they have video of Bigfoot and Elvis.
Accountability, I dont think so...

[CoffeeBean]

Trooper's report:

http://ftpcontent.worldnow.com/griffin/NEWS9/PDF/0906/trooperscuffle.pdf

[buckeye]

Uh oh...

somebody's hat got knocked off...

[Townsend]

Uh oh...

somebody's hat got knocked off...

That's a redneck capital offense.

[Conan71]

Uh oh...

somebody's hat got knocked off...

[patric]

Trooper's report:

How many perps get a whole week to get their story straight?

And then there's the unseen dashcam video that absolves them of all...
"Oh, I thought the DA had it, I dont have it, Maybe DPS still has it, nope? well someone's got it."

[FOTD]

Sick em O'Carrol...

[patric]

Sick em O'Carrol...

Interesting the dashcam video is a sealed part of the "investigation", yet the trooper's statements are not...


Paramedic Defends Himself After Trooper Scuffle

OKLAHOMA CITY -- Paul Franks, a paramedic in the middle of a feud involving an Oklahoma Highway Patrol trooper, is defending himself after the controversy continues.

Franks has already spoken to investigators within Oklahoma Highway Patrol and the District Attorney's Office, but he continues to deny what he says are outright lies by OHP Trooper Daniel Martin.

"It's not been easy for me to come and call you people up and say, 'Come talk to me', because I initially didn't want to do this," Franks said.
But Franks felt compelled to come forward after reading and hearing Trooper Martin's statements about what happened Memorial Day weekend on Highway 62 near Paden.

The scuffle, Martin claimed, was caused when Franks "failed to yield" to OHP who was running on an emergency call. When Franks finally did pull over, "he gave Martin the finger."
Franks said it never happened, and if anything, Martin was the aggressor.

Eventually, OHP pulled Franks over and what happened next is the subject of much debate.

Trooper Martin said Paramedic Maurice White emerged from the back of the vehicle and "he presented himself in a hostile manner."
But Franks said White was acting in defense of his patient who was being transported to a nearby hospital, and Martin was enraged.

"I'm tell him, 'Sir, I didn't see you or I would have gladly pulled over,'" Franks said.

Franks said he initially didn't yield because he never saw OHP. The road was hilly, a car was in front of him and Trooper Martin did not have his siren on, all of which he said he barely had a chance to explain.
"Trooper got out of his car very, very angry," Franks said. "Dash Cam will show his actions, if we ever see it."

District Attorney Max Cook is not releasing the video because it's part of an investigation.
"If they're so convinced that he was right...let's see that Dash Cam," Franks said.

Trooper Martin is now the subject of an internal investigation by OHP, but he still remains on the job.

District Attorney Cook has not said when or if he will file any charges against anyone involved in the confrontation.

[cannon_fodder]

How are they getting away with not releasing that video?

the Oklahoma Open Records Act says:
Access to records which, under the Oklahoma Open Records Act, would otherwise be available for public inspection and copying, shall not be denied because a public body or public official is using or has taken possession of such records for investigatory purposes or has placed the records in a litigation or investigation file. However, a law enforcement agency may deny access to a copy of such a record in an investigative file if the record or a true and complete copy thereof is available for public inspection and copying at another public body.

Okla. Stat. tit. 51 § 21A.20

24A.8 of the same doesn't provide a duty to disclose Dashcams, but an "investigation" is not a reason to justify withholding it.  If a request is filed with the Court they will be ordered released if their reason for keeping it a State secret is outweighed by the interest of an individual or the public at large.  I would think both apply here:  the paramedic has a right to clear his name AND to sue the officer for assault and batter and the public has a right to know if either the paramedics endangered the public or the OHP is corrupt (by covering up misconduct of an officer).

An investigation is not a reason to withhold a record.  I fail to see what effect it would have on this situation other than to confirm or deny the version of events given by the OHP.  My bet:  if the paramedic assaulted the officer that video would have been on youtube the next day.

[patric]

How are they getting away with not releasing that video?

By just not acknowledging the Open Records requests that have been filed.
Dont look for any justice from the DA, either.  He's taken a pill:

OHP Trooper Faces No Charges Following Scuffle

http://www.newson6.com/global/story.asp?s=10486819
http://www.fox23.com/news/local/story/No-Charges-In-OHP-Vs-EMT-Incident/fHB90_acsUOEhtwrr51Sig.cspx

"Cook wouldn't release the dash-camera video that recording the alleged assault due to the investigation. Now that the investigation is complete, it remains up to OHP to release the footage."

The video apparently didnt support OHP's claims, so dont hold your breath for them to give it up now.
Maybe a grand jury would have better luck.

[buckeye]

Who do we contact to see that something is done about this?  State Reps and Senators?  Inundate the D.A.'s office?

[cannon_fodder]

What a great system!  If the video shows someone else doing something wrong, it's out the next day and on the news.  If the video shows OHP doing something wrong, you simple never release it.

If a records request is filed with the Court you can get a Court Order for the video to be released unless they can show that their interest in keeping it an agency secret outweighs the public or private interests involved.  I'm hard pressed to see a legitimate agency interest that would be protected here.

What is the media doing here?

[patric]

What a great system!  If the video shows someone else doing something wrong, it's out the next day and on the news.  If the video shows OHP doing something wrong, you simple never release it.

If a records request is filed with the Court you can get a Court Order for the video to be released unless they can show that their interest in keeping it an agency secret outweighs the public or private interests involved.  I'm hard pressed to see a legitimate agency interest that would be protected here.

What is the media doing here?

Im only aware of FOX23's Open Records request, but Open Records "champion" Tulsa Whirled is strangely silent this round.  Funny, since they have done stories in the past about possible video tampering and the troubles they have had getting unadulterated video from OHP.

Who do we contact to see that something is done about this?  State Reps and Senators?  Inundate the D.A.'s office?

Lieutenant Governor Jari Askins is the OHP's boss.  She also wants to be governor and a corruption scandal under her watch would not be a campaign plus, but unlike the OHP she cant hope this will never happen again without taking steps. 
By that I mean a fundamental restructuring of the department and it's ethics -- not confiscating cameras, suppressing evidence and intimidating victims. 

Something she could do right now is announce random drug testing of substances like Steroids and Meth, both of which could induce the paranoid, enraged behavior seen on the cellphone camera video.
That, and put an end to OHP's childish bluff regarding their secret dashcam video by declaring it Public Record, and cutting their PR losses before the civil trial(s) get underway.

[patric]

I was wrong, KOTV also made an Open Records request and has already recieved their F**k-Off notice from OHP:

OHP Denies DashCam Video Request
OKLAHOMA CITY, OK -- The Oklahoma Highway Patrol refuses to release their video of this clash between first responders.
Amateur video showed a trooper holding a paramedic by the neck.

OHP insisted video captured by their dash cameras would exonerate them and show that the fight started when one of the paramedics assaulted a trooper.

The News On 6 was told OHP couldn't release their dashcam video because it was part of an investigation.  The criminal investigation wrapped up on Friday, and The News On 6 filed the paperwork to see the video, but the Oklahoma Highway Patrol denied the request, saying their video wasn't covered by the federal Open Records Act. 

[Hoss]

I was wrong, KOTV also made an Open Records request and has already recieved their F**k-Off notice from OHP:

OHP Denies DashCam Video Request
OKLAHOMA CITY, OK -- The Oklahoma Highway Patrol refuses to release their video of this clash between first responders.
Amateur video showed a trooper holding a paramedic by the neck.

OHP insisted video captured by their dash cameras would exonerate them and show that the fight started when one of the paramedics assaulted a trooper.

The News On 6 was told OHP couldn't release their dashcam video because it was part of an investigation.  The criminal investigation wrapped up on Friday, and The News On 6 filed the paperwork to see the video, but the Oklahoma Highway Patrol denied the request, saying their video wasn't covered by the federal Open Records Act. 

Isn't that just convenient.