Attorneys argue against releasing video of police shooting

(Harrisburg) — Attorneys for a Hummelstown police officer accused of killing an unarmed man are laying out their arguments for keeping a video of the shooting private.

The video reportedly starts when Officer Lisa Mearkle activates her Taser on David Kassick, and ends with his death after she shoots him in the back.

The defense says releasing it would be polarizing and potential jurors would immediately form an opinion of Mearkle’s actions.

Prosecutors didn’t argue one way or another on this issue.

“We believe it becomes a judicial record and the fact that it wasn’t formally shown or wasn’t formally entered into evidence is really irrelevant based on what the PA Supreme Court has said, because it was relied upon in making a judicial decision,” says Craig Staudenmaier, an attorney for the publisher of the Patriot News, which is pushing for the release of the video.

Staudenmaier says he’s confident the potential jury pool wouldn’t be tainted because of the rigorous selection process.

“And jurors will be screened thoroughly, questionnaires made, they’ll be subject to voir dire both individually and as an array, and so there are a lot of protections the court has to guarantee that it doesn’t taint the jury, and if it does in some way, that those people are removed so that the defendant receives a fair trial,” he adds.

The Dauphin County District Attorney’s office isn’t arguing either way on this issue. But it does disagree with one contention by the defense.

“It’s a piece of evidence that a jury is going to be presented with, so it is not as if it is some sort of inflammatory extrajudicial statement or evidence. It’s a part of the case that they’re going to see anyhow,” says Deputy DA John Baer.

Baer says even if the judge allows release of the video, the DA’s office will discuss its plan with the Kassick family.

Staudenmaier, the PA Media Group’s attorney, says the defense will likely ask to move the trial outside Dauphin County because of the amount of publicity around the case.

Dauphin County Court of Common Pleas Judge Deborah Curcillo could issue a decision at any point.