Austin PD Backtracks, Claims It Doesn't Withhold Evidence From Prosecutors

The Austin Police Department is now claiming it does not restrict evidence from prosecutors, contradicting its previous statement to the American-Statesman. The department says it only restricts evidence from other personnel within APD, and that the previous Statesman story was "inaccurate."

The Austin Police Department (APD) is walking back its previous statements regarding the withholding of evidence, specifically body-worn camera footage, in a recent murder case.

Withheld Evidence Delays Murder Trial:

• The Statesman reported Friday that APD withheld 21 body-worn camera videos from a murder scene, prompting the judge to push back the trial's start date to October.
• During a pretrial hearing, prosecutors stated they were told the videos were "restricted" when they inquired about them.
• The judge ordered APD to explain the restriction of the videos and determine if it was a regular practice.

APD's Response:

• APD issued a statement Monday night denying any wrongdoing, claiming it "did not withhold evidence or violate state law."
• Lt. Scott Askew clarified that APD's practice of restricting evidence only applies to personnel within the department who are not directly involved with the case.
• He attributed the misunderstanding to a difference in interpretation of the Statesman's question.

Discrepancies in Statements:

• In email exchanges with the Statesman, APD initially described its practice of restricting access to body-worn camera footage, case reports, and lab reports, without specifying this only applied internally.
• APD stated its "least access" practice has been in place since 2020 when it adopted the Axon system, and that it was a regular occurrence to protect the integrity of cases.
• However, APD did not respond to all questions regarding the 21 body-cam videos in question.

Technical Issues:

• Bruce Mills, interim Asst. City Manager, stated APD is working with Axon to understand why two of the videos weren't sent to prosecutors, acknowledging the need to ensure other cases haven't been affected.
• A joint statement with the DA's office attributed the current issues to "changes in business processes and technology."

Source: The Austin-American Statesman

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AI note: The original article raises concerns about potential evidence withholding and the transparency of APD's practices. The follow-up responses from APD and the clarification of internal restrictions only raise further questions about communication and potential technical issues impacting evidence sharing.

The public deserves a clear and concise explanation of evidence-handling practices to ensure trust and accountability.

End.