Oakland Police Withhold Body Camera Footage in Doug Martin Case

The Oakland Police Department has decided not to release body camera footage related to the death of former NFL player Doug Martin, who died while in police custody on October 18, 2023. The department’s decision, made public in response to a request from The Oaklandside, has raised questions about transparency and public access to critical information.

According to the statement from the Oakland Police Department, Acting Police Chief James Beere determined that Martin’s death did not occur during a “critical incident,” as defined by state regulations. This classification means the footage is not subject to the laws that typically govern the release of police body camera recordings. The department cited the ongoing investigation by the Community Police Review Agency (CPRA) as a reason to withhold the material, claiming that releasing it could compromise privacy interests and interfere with the investigation.

Martin’s family reported that he had been experiencing mental health issues leading up to the incident. On the night of his death, they called for assistance after he fled his home, feeling disoriented. He entered a neighbor’s residence on the 11000 block of Ettrick Street in East Oakland, where police subsequently detained him. According to the Oakland Police Department, a “brief struggle” ensued, during which Martin suffered a “medical emergency” and became unresponsive. Paramedics transported him to a nearby hospital, where he was pronounced dead at the age of 36. The exact cause of death has not yet been disclosed.

The officers involved in the incident have been placed on paid administrative leave while investigations are conducted by the OPD’s Homicide Unit, the Internal Affairs Bureau, and the Alameda County District Attorney’s Office.

Legal Context and Transparency Concerns

In recent years, California has enacted laws aimed at improving transparency in police operations, particularly concerning in-custody deaths. Assembly Bill 748, passed in 2018, mandates that police departments release video footage of critical incidents within 45 days unless releasing the footage would “substantially interfere” with an ongoing investigation. A critical incident is defined as one where an officer has used force that resulted in death or injury, or has discharged their weapon at an individual.

The Oakland Police Department did not clarify how releasing the footage of Martin’s death would interfere with ongoing investigations. The agency’s current stance has drawn criticism from advocates who argue that transparency is essential for maintaining public trust in law enforcement.

The law also stipulates that in cases where an individual is deceased, agencies are required to disclose video or audio recordings to the deceased’s immediate family or legal representatives promptly. However, Martin’s family has not publicly confirmed whether they have viewed any recordings related to the incident. In a statement issued on October 20, 2023, they expressed a desire for privacy during this difficult time.

As further investigations unfold, the public remains concerned about the implications of withholding such significant evidence. Martin’s death has sparked national attention as friends, family, and fans mourn the loss of the former athlete, who played college football at Boise State and was drafted into the NFL by the Tampa Bay Buccaneers. He made two Pro Bowl appearances and had a brief stint with the Oakland Raiders.

The Oakland Police Department’s decision continues to raise pertinent questions about accountability and the need for transparency in law enforcement practices, especially in cases involving in-custody deaths. As the investigation progresses, many are hopeful for clarity and justice for Doug Martin and his family.