Miami Police Refuse to Turn Over Records on Fatal Police Shooting of Black Man

From [HERE] Miami police have rejected a demand from a citizens’ oversight panel to turn over all information on last summer’s police shooting death of DeCarlos Moore, likely leading to a courtroom showdown that could determine just how much power the publicly created panel can wield.

Two weeks ago the 11-member City of Miami Civilian Investigative Panel ordered Police Chief Miguel Exposito to turn over all records related to the July 5 shooting of Moore, the first of seven black men shot and killed by police in the inner city over a seven-month period. The panel gave Exposito 10 days to deliver the records.

With the passing of that deadline Wednesday, police department attorney George Wysong wrote the CIP saying the records would not be turned over because Moore’s shooting is still being investigated by police and the state attorney’s office.

“Florida law provides that the requested documents shall remain confidential and exempt from disclosure during the pendency of the investigations,” Wysong wrote.

The letter drew this response from CIP attorney Charles Mays, who said he intends to go to court Friday or early next week to obtain the reports: “This man [Exposito] has indicated repeatedly his investigation is concluded, and if it’s not, it’s been going on since July of last year.”

Moore, who had no weapon, was shot and killed by Miami police officer Joseph Marin during a traffic stop in Overtown on July 5 after disobeying an order and returning to his car. Police killings of three other men in a six-week period over the summer led to tensions in the black community and among top city officials.

Exposito, whose job has been on the line for several months, has been under intense criticism from the mayor, a commissioner and some civil-rights groups for not being forthcoming or transparent enough in any of the seven investigations.

The CIP, a semi-autonomous panel, was created by public vote in 2001 and given subpoena powers in the aftermath of questionable police shootings and cover-ups more than a decade ago. It decided to flex its muscles in early March after being nudged by local civil-rights groups like the American Civil Liberties Union and the NAACP. U.S. Rep. Frederica Wilson has also asked the U.S. Department of Justice to investigate all seven shootings.

The panel’s unanimous vote two weeks ago to move forward on the Moore case gives it until the first week in June to complete its report on the case. The panel can compel witnesses to testify, including Marin, the officer who shot Moore, and Exposito. The group has no power to punish, but its recommendations carry weight: Most members of the panel are appointed by Miami commissioners.

How the CIP’s unprecedented demand would play in court has law enforcement experts divided: While some believe the CIP has the right to see the records and should exert its power, others argue the group is unqualified and has no right to interfere in ongoing investigations. They fear that conflicting testimony before the panel could leave a witness vulnerable to prosecution, or that releasing sensitive documents could disclose identities of already reluctant witnesses.

Attorney David Young, a former Miami-Dade criminal-court judge, said investigators have had plenty of time to complete the Moore probe. He agreed that the CIP should go to court and attempt to have Exposito disciplined for contempt.

“I think the CIP is good,” said Young. “It holds the state attorney’s investigative arm and police’s feet to the fire. It answers concerns within the community surrounding every police shooting. People just want to know the officers were justified when the shooting was done.”

Meanwhile, the attorney representing Marin, the officer who shot Moore, even questioned the panel’s ability to investigate technical crime scenes.

“I really think the CIP should butt out of the issue and let the professionals do their jobs,” said attorney Bill Matthewman. “The CIP is neither qualified nor trained to do the type of fair and unbiased investigation that is needed in this type of case.”

The bickering could be moot if police and the state attorney complete their investigations prior to Mays going to court.

“We’ve made great progress, and we’re hoping to release our conclusions very soon,” said Ed Griffith, a spokesman for the Miami-Dade State Attorney’s office.