Newspaper article Charleston Gazette Mail

KANAWHA COUNTY ; Judge to Review Alleged Jail Video

Newspaper article Charleston Gazette Mail

KANAWHA COUNTY ; Judge to Review Alleged Jail Video

Article excerpt

To decide if it should be made public, a Kanawha County judge will privately review a video that allegedly depicts a Western Regional Jail inmate getting hit with a grenade thrown by officers. A lawsuit filed on behalf of inmate Shane R. Marcum asks Circuit Judge Joanna Tabit to require the state Regional Jail Authority to turn over photos, records and a video of an alleged incident between Marcum and correctional officers earlier this year.

Charleston attorney Paul Stroebel is suing the Regional Jail Authority and members of a "special-response team" over the alleged incident. Stroebel also filed a separate lawsuit claiming attorneys with the Regional Jail Authority didn't comply with all of the requests he made in a state Freedom of Information Act request.

Tabit ruled during a hearing Tuesday that the state has five days to give Stroebel all of the information, except the video, that he requested. Tabit wants the video provided to her within 10 days to watch privately. She will then decide whether it should be released.

Attorneys for the jail authority voluntarily handed over some of the information Stroebel requested, like incident reports from jail personnel and photographs of his client's injuries. Stroebel also asked that Marcum's medical records be provided.

State officials have offered Stroebel a copy of the video, but only if he agrees not to show it to anyone else, said Ben Freeman, an assistant state Attorney General.

State law allows information to be withheld that is "relating to the design of corrections, jail and detention facilities owned or operated by the agency, and the policy directives and operational procedures of personnel relating to the safe and secure management of inmates or residents that if released could be used by an inmate or resident to escape a facility, or to cause injury to another inmate, resident or to facility personnel. …

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