Philadelphia fights disclosure of police watchdog letter
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Philadelphia is fighting to keep secret a letter that its independent police watchdog wrote recommending the firing of officer Mark Dial for fatally shooting Eddie Irizarry.
Why it matters: The letter is now a part of a public record fight between Axios and the city that could define how much access residents have to records generated by the Citizens Police Oversight Commission — an agency created to improve accountability and transparency within the Police Department.
Driving the news: Axios has appealed the city's Sept. 12 denial of its request to the Pennsylvania Office of Open Records (OOR).
- Interim executive director Anthony Erace wrote the letter and sent it to police and prosecutors after Dial shot and killed Irizarry on Aug. 14 in Kensington. The case has been the subject of conflicting police accounts.
- CPOC also publicly called for Dial's firing, saying: "It is our responsibility to hold our police department accountable and also amplify the voices of the community." It held a community forum the next day.
Yes, but: CPOC never released Erace's letter.
Catchup quick: Dial was fired from the department for insubordination and charged with murder after police and prosecutors conducted criminal and internal affairs investigations into the police shooting.
- A judge dismissed the charges last month, ruling there wasn't enough evidence to show that Dial committed a crime.
- Prosecutors immediately refiled the charges. Dial's next court appearance is set for Oct. 25, per court records.
The other side: The city argues that the police watchdog's letter cannot be released because it relates to a "noncriminal investigation" conducted by CPOC.
- It also cited an affidavit from CPOC lawyer Catherine Twigg, claiming the letter recounted "criminal investigative information" that the police watchdog learned as part of its own investigation which can't be disclosed under state law.
Our side: Axios wrote in the appeal letter that CPOC hadn't shown it conducted "the sort of 'systematic or searching inquiry' that would denote an investigation."
- The letter cited a news release in which CPOC acknowledged that it was "monitoring" the Police Department's shooting investigation.
What they're saying: The letter states there's "a strong public benefit" in understanding why CPOC thought Dial should be fired, and the city can't refuse to release the letter simply because it may relate "to some other agency's investigation."
- "Doing so would render meaningless the CPOC's mission of increasing the transparency and accountability of the police," Axios wrote.
What we're watching: The OOR is expected to issue a ruling in the case by Nov. 29.