"For this court to hold that on-duty law enforcement officers may use Marsy's Law to prevent the disclosure of their names would provide them with a protection not intended by the express purpose of that law," Dodson wrote.The PBA is appealing Dodson's ruling on Marsy's Law to the 1st District Court of Appeal. It would be very appreciated if you could sign this petition and encourage others to do so as well. Tony McDade, a Black trans man, was shot and killed by what is Florida’s third fatal police shooting in two months. "But police officers who have committed crimes cannot hide behind Marsy’s Law.
A consortium of media organizations intervened on the city's side.Last week, Dodson sided with the city and news organizations, finding the public has a "vital right" to evaluate the conduct of police, who are empowered to use deadly force. He noted that while the PBA and others seek to treat the officers as victims, the people who would have been accused are dead, "killed by the officers in the line of duty.
TALLAHASSEE – A Leon Circuit judge ruled today that the Tallahassee police officer who shot and killed Tony McDade is not protected under Marsy’s Law, clearing the way for release of his name.Judge Charles Dodson found that Marsy’s Law, a constitutional amendment passed by Florida voters in 2018, doesn’t apply in the high-profile use-of-force case. An arriving officer used deadly force after McDade pointed a gun at him, police officials have said.
"This type of protection is outside the scope of Marsy's Law and is inconsistent with the express purpose and language of the amendment. ""If a determination is made that a police officer has broken the law in the case, they become a defendant in that case and as such they automatically lose all their rights as a victim under the Marsy’s Law provision of the Florida Constitution and their name must be released," Fennell continued.But Dodson rejected that argument.
But the Florida Police Benevolent Association appealed the ruling and asked for a stay, which Dodson agreed to grant.The PBA argued that under a 1993 case out of Delray Beach, appellate rules allowing automatic stays applied not just to cities but also police officers named individually in a complaint.In a telephonic hearing this morning, Dodson cited the Delray Beach case and noted that he himself referred numerous times in his order to officers working in their official capacity. We filed notice of appeal.
Tony Mcdade didn’t deserve to die. "And I don’t believe I can distinguish this from the city of Delray Beach case.
Attorneys for the media said ruling otherwise would prevent the public from holding police accountable.The PBA also argued that releasing the officers' names could jeopardize their lives. So I’m going to grant the automatic stay on that.”Lawyers for the city, which has been poised to release the records, and news outlets, including the Tallahassee Democrat, argued against the stay.The ruling stems from the from the May 27 death of McDade, a black transgender man who allegedly stabbed a neighbor’s son to death before pointing a gun at the officer, prompting him to use deadly force.
"The court correctly found that Marsy’s Law is not a vehicle to hide police action from the public.”The Florida Police Benevolent Association, which sued the city to block release of the officers' names, immediately filed notice of its intent to appeal. The constitutional amendment, approved by Florida voters in 2018, grants crime victims privacy and other rights.The city argued that Marsy's Law didn't apply to the officers and their names should be released.
And the officers are entitled to an automatic stay of the ruling pending review by the 1st District Court of Appeal.”McDade, 38, a Black transgender man, was killed May 27, just minutes after stabbing a next-door neighbor to death on Saxon Street and fleeing to apartments on nearby Holton Street. "His fear for his safety is reasonable, especially given the current unrest that has followed in the wake of George Floyd's death in Minneapolis," the police union wrote in its lawsuit.Advocates for Marsy’s Law for Florida emailed the Democrat Monday saying that the amendment should shield the name of officers unless a determination of wrongdoing is made.“Police officers who have become victims of crime deserve the same constitutional rights as everyone else," said spokeswoman Jennifer Fennell.