Police lie about restricting evidence.

Austin PD: We don't restrict evidence from prosecutors, only from our own personnel

The Austin Police Department is backtracking on its previous statement to the Statesman, claiming they do not restrict evidence from prosecutors but only from other personnel within the department.

It's important to clarify that the APD did not withhold evidence or violate state law.

This statement was issued after the Statesman reported on Monday that APD might have withheld evidence in a murder case, potentially violating state law.

During a pretrial hearing, it was revealed that footage from 21 body-worn cameras of APD officers who responded to the murder scene had not been shared with prosecutors or defense attorneys. As a result, the trial start date was pushed back, and the judge ruled that prosecutors could not use that evidence.

Austin police claim 19 of 21 videos were sent to the DA's office

According to Lt. Scott Askew, an investigation audit showed that 19 of the 21 videos were sent to and received by the Travis County DA's office in 2021. However, the audit doesn't show what happened after that, as the APD can't track evidence once it's been sent to another agency.

If you have any need to know — the Office of Police Oversight, the DA's office — you will get access to those videos, regardless of their internal restricted category, as was done in this case.

Askew clarified that the evidence is only restricted to APD personnel who are not directly involved with the case. He also stated that any video taken as part of an interview in a case is automatically restricted by their technological system.

APD's communications with the Statesman

In emails exchanged over the weekend, the APD stated that they regularly restrict access to body-cam videos, case reports, and lab reports to protect the integrity of the case.

We restrict some videos to protect the integrity of the case ... [Our] 'least access' practice has been in place since 2020 [when] we went live with the Axon system.

However, they failed to clarify that these restrictions only apply to their own department and not to external agencies like the DA's office.

The bigger picture

This incident raises concerns about transparency and accountability within the APD. While they claim to have not violated any laws, their initial response to the Statesman and the confusion surrounding evidence restriction practices indicate a need for better communication and clearer policies.

With technological systems like Axon in place, it is crucial that law enforcement agencies and prosecutorial bodies work together to ensure that evidence is handled effectively and efficiently, respecting the rights of all involved in the process.

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