"But police officers who have committed crimes cannot hide behind Marsy’s Law. "This type of protection is outside the scope of Marsy's Law and is inconsistent with the express purpose and language of the amendment. 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." We filed notice of appeal. Marsy's Law granted crime victims the right to prevent disclosure of information that could be used to "locate or harass" them and their families.The order could well set the first controlling legal precedent on limitations to Florida's crime victim bill of rights and its application in police use-of-force cases.“The court finds that the explicit language of Marsy's Law was not intended to apply to law enforcement officers when acting in their official capacity,” Dodson wrote. Attorneys for the police union argued that the officers were victims of aggravated assault and thus protected under Marsy’s Law.The city and a consortium of news outlets and organizations argued otherwise, saying police officers carrying out their official duties should not be granted confidentiality. 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.
Tony McDade, a Black trans man, was shot and killed by what is Florida’s third fatal police shooting in two months. 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. First Amendment advocates hailed the decision as major legal victory.“Today’s ruling was a win for public oversight and police accountability," said Mark Caramanica, an attorney for news outlets, including the Tallahassee Democrat and USA TODAY NETWORK that intervened in the case. "The public has a vital right to evaluate the conduct of our law enforcement officers, who are empowered to arrest people and use deadly force. Tony McDade, Black Trans Man, Killed ... and Basic Rights Oregon have all spoken out in what has increasingly become a complex story. Another officer also was on scene during the shooting.The PBA filed its lawsuit last month to shield the officers from public release of their names. He found that the officers are not protected under Marsy's Law while carrying out their official duties and ordered the city to release their names. "And I don’t believe I can distinguish this from the city of Delray Beach case. "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.
"We obviously disagree. The move likely means the officers' names won't be released for now.Stephen Webster, an attorney for the PBA, said he appreciated the "careful attention" Dodson gave the lawsuit. An arriving officer used deadly force after McDade pointed a gun at him, police officials have said.
The officer who killed McDade still has not been named, due to a Florida law that classifies police officers involved in shootings as victims and thus guarantees their anonymity. The judge, in a brisk five-page order, added that law enforcement officers have "a unique duty" to enforce the laws of the state but are not shielded by Marsy's Law.
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. It would be very appreciated if you could sign this petition and encourage others to do so as well.