[B]URLINGTON — A state judge has ordered the City of Burlington to provide Officer Cory Campbell his body camera footage and other records from his encounter with Douglas Kilburn, who died days after Campbell punched him.
The Burlington police union filed a public records lawsuit against the city and police department after the city denied the union’s request for Campbell’s body camera footage and other records relating to the incident.
Kilburn, 54, died days after an encounter with Campbell at the University of Vermont Medical Center. Police say Kilburn punched Campbell in the face during a March 11 interaction, which lead Campbell to punch Kilburn before subduing him.
The Burlington Police Department’s policy allows officers to review their own body camera footage before speaking with investigators at the discretion of the police chief. But the Vermont State Police do not, and ordered BPD Chief Brandon del Pozo to not allow Campbell to view the footage.
Campbell did not speak with the Vermont State Police as part of its investigation into Kilburn’s death after being barred from viewing his body camera footage. Attorney General TJ Donovan is currently reviewing the findings of the VSP investigation.
Richard Cassidy, the union’s lawyer, said he was very pleased by the ruling.
“I never thought it was a close case, so we’re not surprised we would prevail,” he said. “We’re really hopeful the city will release the video promptly.”
Cassidy said while the city has 30 days to appeal the court’s decision, he hoped they would not use that time on an appeal and would instead release the video.
While he hasn’t talked to Campbell recently, Cassidy said he was sure his client was tired of the restricted duties he had been working as the investigation continues.
“It’s not what an officer likes to do,” Cassidy said. “He wants to be back to work.”
Cassidy also criticized the state police for not allowing Campbell to review the footage in the first place.
“The state police saying it’s not our practice to release this information is ridiculous and not consistent with what the law says,” he said.
Judge Helen Toor cited the Vermont Supreme Court’s decision in Galloway vs. Town of Hartford, in which the court ruled in favor of VTDigger editor Anne Galloway’s efforts to obtain records about the arrest of a man pepper-sprayed by Hartford police.
Toor wrote that the court’s ruling in that case set a precedent of broadly releasing records related to arrests under the public records law.
“The bodycam videos and Officer Campbell’s report (or reports) are essentially identical to what the Court ordered disclosed in Galloway as ‘related to’ an arrest, and the City offers no basis here for distinguishing this case from that one,” Toor wrote. “They must be disclosed.”
The city had argued that since the records were related to the detection and investigation of a crime and would interfere with enforcement proceedings, they did not have to be released.
In the records request that the city denied, Campbell requested the body camera footage, surveillance video from the University of Vermont Medical Center, Campbell’s report from the incident and the affidavit prepared about the incident.
Toor ruled that all of the above records must be released “promptly,” with the exception of the surveillance video from UVMMC.
Since that video was obtained by the state police for their investigation and not directly related to Kilburn’s arrest, Toor found that the city’s argument to withhold it was “at least potentially” supportable and ordered the city to provide additional information.
Dan Gilligan, president of the police union, said in a statement Monday that the union was “anxious” for Campbell to be allowed to view his own body camera footage and discuss it with investigators.
“We know it will show an officer who did everything he could to avoid a fight, and who was attacked by a man for whom he showed compassion and attempted to help just moments earlier,” Gilligan said. “Cory used only the force that was necessary to defend himself, and then he sought medical help for his assailant.”
VSP spokesman Adam Silverman said via email the investigation was complete and under review by the Vermont Attorney General’s Office.
“Should it become necessary in the future to conduct any additional interviews, the state police will coordinate with the Attorney General’s Office,” he said.
Del Pozo said the department is in communication with the city attorney and would not be making a statement at this time.
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