Judge will rule on whether security video goes public

A judge will review the security video from outside last month’s shooting at Marjory Stoneman Douglas High School before ruling whether the footage should be released for public viewing.

Broward Circuit Judge Jeffrey Levenson heard from lawyers from the Sheriff’s Office, the school board and a host of media organizations that include the South Florida Sun Sentinel, Miami Herald and CNN for more than two hours Thursday.

The video does not show anyone firing a weapon or getting hurt — 17 people were killed and another 17 injured in the shooting. Former student Nikolas Cruz has been indicted on charges of murder and attempted murder.

Levenson heard Thursday from an assistant principal at the high school, who testified that teachers don’t think enough police are on campus now that they and their students are back in class.

Max Rosario said on the stand Thursday that Levenson should not release the security camera footage because, even though it would shed light on the actions of School Resource Officer Scot Peterson during the shooting, it would also expose the limitations of the school’s security camera system.

“My concern is that it’s going to expose our blind spots,” Rosario said. “Any individuals would be able to come on campus knowing where they could go without being recorded.”

Media organizations filed a lawsuit for access to the video last month, citing “extreme public interest” in the conduct of law enforcement officers during and after the shooting.

Peterson resigned and then retired a week after the shooting when the sheriff’s office notified him he was under investigation for allegedly staying outside the school while the shooting was taking place. He has since said he thought the gunshots were coming from somewhere outside the school.

Levenson is scheduled to receive a copy of the video today and will review it before making a decision. If he decides to release it, he said he would put a 48-hour stay on his order to give the sheriff’s office and school district a chance to file an appeal.

The sheriff’s office and school district argue that the footage is protected from disclosure under the state’s public records laws.

“Sheriff [Scott] Israel wants the public to see what’s on this video,” said Sheriff’s Office attorney David Ferguson. “But he is duty bound to argue against their release because they are exempt.”

Levenson must decide whether the footage is part of the criminal investigation, or whether its use in an internal affairs investigation of Peterson allows the sheriff’s office to shield it from public view.

Ferguson agreed that releasing the video would not jeopardize either investigation, but argued the law doesn’t allow the sheriff to make it public.

School district lawyer Eugene Pettis focused on the argument that releasing the video will expose the district’s security system, another reason the public records law allows information to be withheld.

Dana McElroy, who represents the media organizations, said the public interest in police conduct should be enough to justify the video’s release.

“These records don’t have anything to do with the crime, but the response,” she said. “The focus of our inquiry is to evaluate the government’s actions in response to the shooting.”

Levenson did not say when he would issue a ruling.

Peterson has defended his actions, saying he believed the gunshots were coming from outside the building.

Since then, the Sheriff’s Office has denied allegations that other deputies took position outside the school instead of entering the school.