"Bystander videos, surveillance video from across the street & video from outside the store where Floyd was arrested were crucial. They captured the more than nine minutes that Chauvin knelt on Floyd's neck.
"'Without those bystander videos something would've happened but it wouldn't have been at this level, I don't believe,' said a juror, referring to Chauvin's eventual conviction.
"Another juror added, 'Without Miss Frazier's video, I don't think we'd be sitting here today, to be honest with you.'"
Similar bystander and surveillance video is exempt in Kentucky under a new exception to the Open Records Act.
KRS 61.878(1)(q), enacted in 2021, authorizes nondisclosure of "photographs or videos that depict the death, killing, rape, or sexual assault of a person." The exception excludes body cam video governed by KRS 61.168 and permits limited onsite access to identified individuals.
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51393
https://apps.legislature.ky.gov/record/21rs/hb273.html
In February, we wrote:
"Given the last minute addition of Rep. Freeland's bill 'at the request of some membership,' the bill advanced without opposing testimony. Stated politely, the public interest in free and open examination of public records was under-represented."
https://www.facebook.com/419650175248377/posts/857779554768768/?d=n
The Coalition unsuccessfully testified against the bill, directly questioning its sponsor about its intended scope. He was unable to answer our questions. The bill ultimately became law.
