Court Sides With Mo. Officer on Video Tape Request
May 24--ST. LOUIS -- St. Louis Circuit Judge Michael Stelzer ordered Circuit Attorney Jennifer Joyce's office to turn over to a defense attorney a copy of a videotape that prosecutors say shows his client, a former police officer, assaulting a handcuffed teenage prisoner.
Joyce's office has 15 days to comply with the judge's order issued Wednesday. Stelzer also issued a protective order, meaning it cannot be shared publicly -- which met the "concerns of release," that Joyce's office had, said Joyce's spokeswoman, Susan Ryan, in a prepared statement.
At issue are two former probationary officers, Jacob Fowler and Rory Bruce, who were investigated after a woman said they planted guns and drugs on her 16-year-old son. Video from a camera mounted inside a police car exonerated them of that claim but revealed that Bruce struck the handcuffed teen, which led to the firing of both and criminal charges against Bruce in April.
Joyce's office told Bruce's attorney, Joseph Hogan, that he could only review the in-car camera footage at her office. He then filed a motion to compel Joyce's office to give him a copy of the tape.
"This was an unnecessary delay that should have been avoided," Hogan said. "There is no legal basis for her to withhold the tape whatsoever. ... But because he's a cop, it's more political."
Hogan said he shared the judge's ruling with another attorney, Jim Towey, who is representing Officer David Wilson. In-car cameras caught Wilson striking a different handcuffed teenage prisoner in January, according to court documents. He was criminally charged with assault, and an internal investigation is under way.
Towey came to Joyce's office within the last week to see the tape, but if he wants a copy, he also will have to get a court order, Ryan said.
Towey did not return a phone call for comment.
Meanwhile, the St. Louis Police Officers' Association believes Stelzer's ruling sends a message.
"Cops are real people too and they have the same rights to due process and discovery and the presumption of innocence over guilt that every other citizen out there has," said Jeff Roorda, business manager.
Roorda also has sent a letter to the department asking it to pursue criminal charges against the teen's mother, who originally claimed Bruce and Fowler planted drugs and guns on her son.
Robert Patrick of the Post-Dispatch contributed to this report.
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