Even after an investigation into a May crash that involved Lancaster County’s chief deputy sheriff and a 9-year-old cyclist ended with no citations issued, city officials will not release body-worn camera footage from officers who responded to the collision.
The city on Wednesday denied the Journal Star's public records request for bodycam footage from the Lincoln Police officers who were on the scene of the May 10 crash, in which Chief Sheriff's Deputy Ben Houchin hit and hospitalized 9-year-old Janiece Moton, who had been riding her bike in her northwest Lincoln neighborhood at about 8:15 p.m.
In a letter sent Wednesday, Assistant City Attorney Lily Ealey said the city was withholding the footage because it "is investigatory in nature and not subject to the Nebraska Public Records Statutes," citing a vague exception in the state's public records law that allows law enforcement agencies to withhold records they deem investigative in nature.
Ealey said in the letter that the decision to withhold the footage "was made by Police Chief Teresa Ewins."
The Police Department's public information office did not respond Wednesday to an email seeking Ewins' rationale for withholding the footage.
"When they have the information to show that they were professional and they refuse to turn it over, it creates doubt," Powers said Wednesday. "Lincoln has a very good police force. And I would think the city would want everyone to know what a great job they do and how professional they are.
"But when they won't turn (the footage) over, it creates doubt."
The denial also provides a window into the city's — and the police chief's — tightfisted interpretation of the investigatory exception to Nebraska's public records law.
The law defers to municipalities and law enforcement agencies on which, if any, so-called investigative records they release to the public or news media. And the statute doesn't directly indicate when, if ever, the investigatory exemption expires.
But Powers suggested the scope of that exception should end when an agency finishes its investigation.
The Police Department wrapped up its probe into Houchin less than two weeks after the collision. And when they announced that LPD would not cite the longtime deputy for his role in the crash, department officials said the investigation "is complete."
"They just don't want to follow the law. That's all," Powers said. "To say the investigation is over — I believe them when they say that — but then to not turn over the records when they say the investigation is not ongoing — they both cannot be true.
"They just want to do everything they can to keep the public in the dark. And all that does is foster suspicion about what's going on."
Wednesday's denial also stood out for its specificity. Powers, who said he used to file public records requests constantly as the former chairman of the Nebraska Democratic Party, said he couldn't recall receiving a denial letter that named the government official who decided to withhold the records.
Ewins, the official named in the city attorney's denial, had previously expressed an openness to releasing bodycam footage to the public.
"But we need to be responsible about it. And we need to have policies, procedures, the city attorney involved," she said, before saying she and the city's legal counsel "have differing opinions"Â on the matter.
On Wednesday, though, the city attorney's office made clear that the denial was Ewins' decision.
Still, the city has repeatedly relied upon the exemption to deny Journal Star requests for body-worn camera footage — a practice that state senators have unsuccessfully aimed to curb through the introduction of Ìý¾±²ÔÌý that would have required law enforcement agencies to release bodycam footage to the public and news media in a narrow set of circumstances.
"The best way to talk about open records in Nebraska is that there are some government agencies, such as the state, who deal in good faith," Powers said. "There's the city of Lincoln, who deals in bad faith. And to what end? All that happens is it just makes people suspicious. It's unfortunate."