Judge: Release Redacted Bodycam Video of Fatal Shooting; Appeal Likely

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A judge has ordered the redacted bodycam video of two police officers shooting Hagen Esty-Lennon to death in Bath be released on Friday, but Esty-Lennon’s former wife may appeal to the state Supreme Court before then hoping to stop all of the footage from becoming public.
Concord Attorney Diane Puckhaber, who represents Esty-Lennon’s former wife Lisa Esty-Lennon and her two minor children, said she hadn’t seen Judge Peter H. Fauver’s ruling dated today (Sept. 21), but said a Supreme Court appeal is likely the only way to protect the children.
Puckhaber had argued in court to stay the release of all of the police video from three body cameras and a cruiser camera of the July 6 incident arguing it would harm the children and violate the family’s right to privacy.
Several media outlets, including InDepthNH.org, argued for completely unredacted release of all of the footage as the only way the public can be sure police were “legally justified” as determined by Attorney General Joseph Foster.
“I will speak to my client, but it sounds like that’s the only way to protect these children,” Puckhaber said of a Supreme Court appeal. “These are small children and they’ve been through a lot.”
Fauver’s ruling today denied motions for reconsideration of his Sept. 4 decision filed by several news outlets, including InDepthNH.org, seeking release of the complete footage, and other motions filed by Lisa Esty-Lennon, who argued none of the footage should be made public.
Fauver today clarified his original ruling by detailing exactly what will be redacted. Only images from body cameras worn by the two Haverhill officers who shot Esty-Lennon from the moment immediately after they fired their first shot to the time he was placed in the ambulance will be redacted, Fauver wrote.
“The redaction of Officer (Ryan) Collins’ and Officer (Greg) Jarvis’ body camera videos shall begin immediately after the first gunshot and end when the decedent is removed from view, with the remainder of the videos to be released,” Fauver wrote.
Fauver said footage from the body camera worn by an officer who arrived moments after the shooting will be released without redaction, and the full audio from all four cameras will be released without redaction, Fauver wrote.
He ordered the Attorney General’s Office to oversee the redactions and release the audio and video Friday as specified in his order.
Merrimack Attorney Rick Gagliuso, representing InDepthNH.org, had argued the unredacted video and audio from all four police cameras should be released.
Gagliuso had filed a motion to reconsider Fauver’s Sept. 4 ruling arguing it wasn’t clear whether the court took into account not only the public interest in assessing the performance of the two officers, but its interest in gauging the “soundness and completeness” of Attorney General Joseph Foster’s investigation that ruled it legally justified.
Gagliuso also noted the court’s finding that the family has a “strong interest in preventing the release of … disturbing death-scene images.”
“InDepthNH.org is concerned the Court has accorded too much weight to the privacy interest of the decedent’s family, and insufficient weight to the public interest in the portions of the video it has ordered redacted,” Gagliuso wrote.
Fauver did so, Gagliuso said, “in spite of the absence of any showing whatsoever by the estate or Ms. Esty-Lennon.”
Representing the New Hampshire Union Leader and WMUR, attorney Gregory Sullivan argued that what happened immediately after the two on-duty officers fired is imperative. Without it, “the ability to fully evaluate the merits of the report issued by the Attorney General is lost,” Sullivan wrote.
Authorities said Esty-Lennon had been in a car accident and was charging police while armed with a knife when he was killed.
Fauver acknowledged the motions to reconsider by a number of media outlets and Lisa Esty-Lennon on behalf of her two minor children.
“The court concludes the parties have failed to raise points of law or fact the court has overlooked or misapprehended. Moreover, the enactment of any possible pending legislation is uncertain,” Fauver wrote.
Puckhaber said Lisa Esty-Lennon may be able to shield the children from television and newspaper stories, but said that wouldn’t be possible with other children and other families who see the redacted videos.
“The Attorney General has already released a report. It seemed pretty extensive. Why is it necessary to release more? We think there has been enough released,” Puckhaber said.
Puckhaber said making police bodycam footage public will have a chilling effect that will keep crime victims from calling for help.
Puckhaber also wanted to make it clear that her client isn’t considering filing any lawsuits in connection with Esty-Lennon’s death.
“My only purpose is to protect the children,” Puckhaber said.