Baltimore Action Legal Team (BALT) Files Lawsuits To Make Internal Investigative Reports Into Baltimore Police Officers Public Records.

[BALTIMORE, MARYLAND 03/02/2020] — Today, local community organizations Baltimore Action Legal Team (BALT) and Open Justice Baltimore (OJB), filed three lawsuits against the Baltimore Police Department, the Office of the State’s Attorney, and the Civilian Review Board to increase transparency of the Baltimore Police Department (BPD). Each suit seeks to promote accountability around local police investigations and improve trust and relationships with law enforcement.

The organizations have requested the State’s Attorney’s Office release the confirmed possession of criminal investigation records of BPD officers measured in thousands of hours to reproduce, including an estimated 438 hours for just 2019 files. A jury has been requested to determine the necessity of releasing these documents to the public.

A group of journalists and community organizations has filed a federal lawsuit challenging a Maryland law that prohibits people from broadcasting recordings of criminal trial proceedings.  The lawsuit is the latest in an ongoing effort to oppose § 1-201 of Maryland’s Code of Criminal Procedure.  That provision makes it illegal to broadcast a recording of any criminal “trial, hearing, motion, or argument” held in a trial court, including recordings that were lawfully obtained from court itself.

The plaintiffs argue that § 1-201 violates the First Amendment by barring them from disseminating accurate depictions of public court proceedings.  Two of the plaintiffs, journalists Brandon Soderberg and Baynard Woods, hope to use trial recordings in future reporting and in an upcoming documentary about a now-defunct Baltimore police unit whose members were indicted on federal racketeering charges in 2017.  Soderberg and Woods lawfully purchased trial recordings directly from the courthouse but are hesitant to use them in their film because of § 1‑201’s broadcasting ban.

In accordance with the consent decree, DOJ and BPD are seeking input on BPD policies.  Although the initial comment period has expired for BPD's Use of Force policy, BALT has provided feedback on the latest draft of the policy.  DOJ’s draft policy revisions for Policy 1115 Use of Force mostly address BALT’s initial recommendations for BPD policy reform.

BALT calls on the BPD to implement de-escalation techniques and training, improve crisis intervention and response, and increase transparency and accountability.

BPD is required to revise its policies to align with the consent decree.  The First-Year Monitoring Plan calls for public comments on these proposed policies. In combination with the Department of Justice and the Monitoring Team, BPD will consider these public comments before the policies are finalized.