Judge to Metro: The courts decide what gets released about 1 Oct - FOX5 Vegas - KVVU

Judge to Metro: The courts decide what gets released about 1 October

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Media companies were represented in a hearing to obtain evidence from Metro Police on the 1 October investigation. (Brad Boyer / FOX5) Media companies were represented in a hearing to obtain evidence from Metro Police on the 1 October investigation. (Brad Boyer / FOX5)
LAS VEGAS (FOX5) -

The Las Vegas Metropolitan Police Department filed an opposition motion to a decision stating they had to release evidence pertaining to 1 October. Judge Stefany Miley said she wasn't sure they laid out their case adequately in their paper work. 

"It's just kind of generalities, and the catch phrase, 'an ongoing investigation.' You're going to need to beef it up," Miley said to Metro's lawyer Jackie Nichols.

"We feel disclosure of all the documents is not appropriate," Nichols argued. 

Lawyers for the media filed multiple freedom of information requests, and a lawsuit to secure the release of 911 calls, body camera footage, dash cam footage, evidence logs and much more information pertaining to the night of 1 October, where 58 people were killed in a mass shooting at the Route 91 Harvest Festival in Las Vegas. 

"I'm a little confused as to why Metro is claiming there is a privilege [on those things] because they would have come out anyways,"Judge Miley said. Miley reiterated to Metro's lawyer multiple times had Stephen Paddock lived, all the items requested by the media would have been released anyway, in order to prosecute him. 

Metro also argued for privacy of people shown in some of the videos. Nichols for Metro argued that it would cost up to $500,000 to redact all the information the media is requesting, along with blurring of people, faces, and some information shown on dash cam videos and Metro body cameras. Judge Miley responded by saying she didn't know of a case where names from 911 calls were redacted, or faces were blurred in court video. 

Jackie Nichols said even just the volume of things they would have to go through would take them weeks, if not months to begin producing the content the media is requesting. 

Justin Shiroff who represents media from all around the country argued then Metro should get started redacting now. 

"With these media companies we are talking about, this is not an individual where it may be an issue they won't pay. It's not going to be an issue. Production should start now."

Nichols' final point she laid out for the need to keep 1 October evidence secret, is that videos and certain police documents could reveal Metro Police investigative techniques. Judge Stefany Miley took issue with that.

"The problem is, the way you, well not you, but Metro's position 'We are going to make the decision what is to be released;' that is not Metro's role. That is the court's role."

Lawyers for the media said Metro has never provided them any sort of list of what was collected or what they have pertaining to the investigation. Judge Miley ordered Metro to give them a list of what they have, and set a court date for the end of April to begin going through that list to determine what could and can't be released. 

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