Mother Jones by Laura Thompson 7/24/2020
It has been two months and we still don’t know the name of the police officer who shot and killed Tony McDade in Tallahassee, Florida. The reason sounds ridiculous: The cop is claiming that in his encounter with McDade he was the victim and that, under a state law, his personal information should be protected.
On Friday, a local judge ruled against that argument.
In a lawsuit, the Florida Police Benevolent Association sought to keep the officer’s identity under wraps by offering him protections under the victims’ rights amendment to the state’s constitution. As a victim, they said, the law guaranteed him privacy, broadly defined. In this case, they argued that meant keeping confidential all identifying information about the officer, such as his name, prior disciplinary records, and body camera footage. But Leon County Judge Charles Dodson declared that the law, colloquially known as Marsy’s Law, “was not intended to apply to law enforcement officers when acting in their official capacity†because it could grant them “virtual anonymity†whenever they use force.
The case exemplifies an increasingly popular tactic to conceal police brutality. Critics of Marsy’s Law, including Andrea Lyon, a Chicago defense attorney, say cops can use it to control the narrative and reframe the people they kill as the aggressors. As I wrote last month:
More:
https://www.motherjones.com/anti-racism-police-protest/2020/07/in-tony-mcdade-case-a-florida-judge-just-ruled-that-on-duty-cops-cant-be-victims-if-they-kill-someone/