Circuit judge grants order for “Ocala Gazette” to view Marion County Jail footage

Crime scene photo of the cell at Marion County Jail where Scott Whitley was killed. He was held in the cell without clothing, bedding, or medication for days.

A Lake County judge issued an order in the lawsuit of the Ocala Gazette v. Marion County Sheriff’s Office, granting “Gazette” staff the ability to view cell footage of the death of Scott Whitley in the Marion County Jail.

The “Gazette” filed suit against MCSO and Sheriff Billy Woods in March to obtain surveillance footage from the Marion County Jail in relation to the death of inmate Scott Whitley on Nov. 25, 2022. Whitley’s surviving family has viewed this footage and claims it shows several detention deputies using excessive force against Whitley, despite his compliance with their orders—causing his death.

Based on an evidentiary hearing held on August 12, Circuit Judge James Baxley found that the “Gazette” has proved that it is in the public’s best interest for the footage to be released, but in order to protect the security of the jail facility in accordance with Florida Statute 119.071(3), the “Gazette” will only be allowed to view the footage, and not publish it or release it to the public.

“The blind reliance on the defendant’s alleged narrative of the events leading to Mr. Whitley’s death could be considered contradictory to the footage,” wrote Baxley.

In December of 2023, months before the newspaper filed suit, “Gazette” staff attempted to compromise with MCSO by this exact outcome—to only view the footage and not publish it, but the offer was refused. “Gazette” staff will now review the footage on Sept. 23.

Whitley, a diagnosed schizophrenic, died in custody in 2022 after being arrested for violating a civil injunction and resisting an officer with violence. While conducting a cell search, MCSO claims Whitley was not compliant with deputies’ commands leading up to and during the incident that led to his death, contrary to the family’s claim that the footage shows Whitley in compliance.

Over the course of the 12-minute altercation that led to Whitley’s death, the nine officers involved deployed Tasers 27 times and used pepper foam and physical force to subdue him. The medical examiner ruled his death a homicide. Given that Whitley was confined in the Alpha Pod of the jail, an area of high security for solitary confinement, the judge deemed it “inappropriate” for release to the general public, and only allowed the “Gazette” to view it.

“This court is cognizant of the security concerns of the defendants, and disclosure of the footage could be used to exploit weaknesses within the Marion County Jail’s security systems,” wrote Baxley. “However, this court is also cognizant of the constitutional commitment to open government, and the scales are weighted heavily in favor of disclosure.”

To determine “good cause” to release the footage previously exempt from public record, the court had to apply a common law approach to good cause, to “arrive at a desirable equilibrium between the competing needs of disclosure and secrecy of government records,” according to the order.

The case relied on testimony provided by “Gazette” Publisher Jennifer Hunt Murty before Circuit Judge Steven Rodgers, who recused himself from the case, leading to the case’s reassignment to Baxley. Murty emphasized to the court the newspaper’s motive for obtaining the footage, highlighting the “Gazette’s” desire to bring attention to the larger community issue of the treatment of the mentally ill and the conditions in the Marion County Jail. Murty described the discrepancies she found between the narrative given by the sheriff’s office and the narrative given by the Whitley family after they viewed the footage.

“Ms. Murty, the proprietor of the plaintiff, testified to the extensive reporting of Mr. Whitley’s death at the Marion County Jail. Ms. Murty also testified to multiple instances of the defendants putting forth information and information policies that were contrary to the public’s interest,” wrote Baxley.

Pamela Whitley, sister of the decedent, also testified at the hearing on behalf of her brother’s estate to emphasize her desire for the “Gazette” to obtain the footage and for the public to be aware of the circumstances surrounding Whitley’s death.