‘Ocala Gazette’ files motion for reconsideration in lawsuit against MCSO
Crime scene photo from inside the Marion County jail of just outside the cell where Scott Whitley was killed.
After viewing the footage of the death of Scott Whitley in the Marion County Jail, the “Ocala Gazette” has filed a motion for reconsideration with the judge in attempt to obtain the footage.
The Gazette believes its interest in publishing the video outweighs the Marion County Sheriff’s Office’s concerns for the security of the jail, and that the court should consider redaction of the footage to address the needs of both parties.
“The public is still hearing conflicting stories and the only way to resolve that conflict is to let the public see the video for themselves,” according to the motion.
Whitley died in custody on Nov. 25, 2022. The medical examiner ruled his death a homicide.
“Gazette” staffers were allowed to view the footage on Sept. 23, but not to obtain a copy or publish the video footage pursuant to a court order granted by a Lake County Circuit Judge, James R. Baxley.
Contrary to initial reports from the sheriff’s office that claimed Whitley refused to comply with guards’ orders, the footage shows the inmate sitting as ordered and, when he sees the guards rush towards him, he raises his hands in defense and pleads “no” and “wait”—to no avail.
Whitley showed no physical violence toward jail staff at the time of the incident, only minutes earlier verbally refused to comply with deputies’ orders to be handcuffed at the door for a cell inspection that the sheriff’s office described as “routine.”
Whitley, a diagnosed schizophrenic, was being held in solitary confinement and was not allowed any clothing or bedding, a precaution often taken out of concern that those items could be used by an inmate to harm themselves or others or to attempt escape. Whitley was unmedicated for his mental disorder at the time.
Based on an evidentiary hearing held on Aug. 12, Circuit Judge James Baxley found that the “Gazette” had proved that it was 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” would only be allowed to view the footage and not publish it or release it to the public.
“The ‘Gazette’ desires to show the public what happened to Scotty Whitley, so that they understand how detainees with mental illnesses are treated at the jail. But to faithfully do that, the public needs to see what the ‘Gazette’ staff have seen. For this reason, the court should consider redaction of the video footage so that the public can see for themselves what happened to Scotty Whitley,” according to the motion.
The “Gazette” seeks a rehearing on the singular issue of whether or not the footage could or should have been redacted in order to allow its release, as argued at the evidentiary hearing.
The sheriff’s office witness, Detective McLain, described the risk of releasing the footage is that it could allow inmates or outsiders to determine the blind spots and capabilities of the camera lenses in the security system of the jail.
“These concerns are easily addressed. For instance, the court could order the footage to be redacted to create a fisheye, so that a viewer cannot determine the full capabilities of the lenses. That is exactly what the Brevard County Sheriff did in a consent final judgment based on a settlement with Florida Today,” according to the motion.
The footage from Whitley’s cell was captured on a single fixed camera so there is no reason why the implementation of these simple redaction measures could not be implemented here on the sole video recording at issue, according to the motion.
“Because the court did not consider redaction in its order, and because the defendants have not raised sufficient argument to establish that redaction would not diminish their security concerns, the court should either require defendants to redact the footage for public disclosure or hold further proceedings on the issue of redaction,” according to the motion.
As the “Gazette” seeks to shine a light on the mentally ill vulnerable population, and in this case Whitley who can no longer speak for himself, the newspaper maintains its stance that the footage must be released to the public for viewing, even if it must be altered to address the sheriff’s concerns.
Judge Baxley has requested both parties submit their written argument, with case law supporting their position, by Oct. 14.