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Virginia State Police officer ordered BBC reporter to delete video of Vester Flanagan crash scene
The Virginian-Pilot ^ | August 28, 2015 | Patrick Wilson

Posted on 08/28/2015 3:53:16 PM PDT by csvset

BBC journalist Franz Strasser has filmed through rubber bullets and tear gas in Rio de Janeiro and has at times been told by police to stop filming while on assignment.

But he had never been ordered to delete footage until Wednesday, after he and a fellow journalist came upon the scene on Interstate 66 where Vester Lee Flanagan crashed a car following a pursuit by Virginia State Police.

A trooper told Strasser that police would need to seize his camera because his footage could be evidence, but then ordered him to delete the footage. The trooper watched as the journalist deleted it, Strasser said in an interview Friday.

Strasser tweeted about the incident on Wednesday. Corinne Geller, the State Police spokeswoman, tweeted back that police would look into it because such actions would violate police policy. Geller said Friday that after seeing tweets about the incident State Police began an administrative investigation by its Professional Standards Unit that is ongoing.

Strasser has worked as a video journalist for BBC in Washington, D.C., for six years, covering features and breaking news across the United States.

He reported on the 2013 Boston Marathon bombings, covered the fatal shootings of children and adults in 2012 in Newtown, Conn., and flew to Ferguson, Mo., numerous times to cover of the fatal police shooting of Michael Brown last year.

After the fatal shooting of Roanoke TV journalists Alison Parker and Adam Ward on Wednesday, Strasser and BBC White House reporter Tara McKelvey began driving to Roanoke in a rental car.

They heard police were in pursuit of the shooter but decided they should continue to Roanoke. As they drove on I-66 west, Strasser noticed no oncoming traffic and then saw about a dozen police cars and a silver car in the ditch on the other side of the interstate.

He knew what they had stumbled onto.

“Police were just standing around … so it didn’t seem like an active situation,” he said. “There was no commotion.”

He later realized they had arrived after Flanagan shot himself but before an ambulance had arrived. Flanagan later died.

Strasser stopped the car about 200 yards away, grabbed his camera and began filming as he walked through brush in the median to get to the other side.

He filmed the silver vehicle from 200 yards away. About six police officers then began running toward him, shouting, “Get back to your car!”

Strasser retreated to his car, where he opened the trunk to put his camera inside. An officer, presumably a state trooper, came up and closed the trunk.

“You’re not going anywhere. Your car is being towed,” the officer told him. “You’re parked illegally.”

The officer then asked about the footage: “What’s on that camera? That could be evidence. We need to seize that.”

The officer took the camera and fiddled with it for a few seconds. Strasser said he needed it to go to Roanoke. The trooper then told Strasser he’d need to first delete the video footage.

“He couldn’t figure out how to delete it,” Strasser said. “He gave it back to me and said, ‘I’ll watch you delete it.’”

As Strasser pulled up a prompt to delete the footage the officer said, “Now push it,” watching every step of the process.

The officer allowed Strasser to keep his camera and the journalists left for Roanoke. Strasser removed the video card, hoping he could later retrieve the deleted footage.

He tweeted about the incident but was more concerned about preparing mentally for the reporting they’d be doing.

“You kind of go a little bit on autopilot when you go to a scene like this because you have to talk to people, you have a job to do,” he said.

He said the shootings at Sandy Hook Elementary in Newtown were the worse tragedy he’s covered, but “this one hits really close to home as a fellow journalist.”

State Police are doing an internal investigation of the incident over Strasser’s footage following a complaint by BBC.

Mickey Osterreicher, general counsel for the National Press Photographers Association, has trained police in Dallas, Los Angeles, Washington and other cities in how to avoid overstepping their authority.

He said reporters and citizens taking pictures or video are interfered with, threatened or harassed on a daily basis by police.

There are narrow circumstances in which police could ask for video footage or obtain it with a search warrant, he said. For instance, if a serious crime was committed and police believe that if they didn’t seize a camera, evidence would be lost or destroyed, they can ask for consent to view the images or get a search warrant, he said.

In this case, the trooper violated the reporter’s First Amendment right to free speech, his Fourth Amendment right to be free of unreasonable seizure and his 14th Amendment right not to be deprived of property without due process, Osterreicher said.

“It would seem from that conversation that the trooper was very interested that whatever images (Strasser) had never see the light of day,” he said.

He wrote a letter to State Police about the association’s concerns.

Patrick Wilson, (804) 697-1564, patrick.wilson@pilotonline.com


TOPICS: Crime/Corruption; Government; US: Virginia
KEYWORDS: bbc; flanagan; photographynotcrime; vester; vesterflanagan; vesterleeflanagan; virginia; vsp; wdbj
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To: ArtDodger

Yeah I saw the picture of the Mustang being towed but strangely enough in those pics, there is some kind of Charger that was parked perhaps at his apartment. Did he own a Charger as well?


61 posted on 08/28/2015 7:09:03 PM PDT by Blue Highway
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To: csvset
He said the shootings at Sandy Hook Elementary in Newtown were the worse tragedy he’s covered

Oh he has video on that? Doubt it.

62 posted on 08/28/2015 7:17:02 PM PDT by Sir Gawain
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To: ArtDodger

Thank you for the information.

Considering what you say about the bank blocking the view, I go for attention monger looking to make himself part of the story.

Again, thank you for the information.


63 posted on 08/28/2015 7:25:44 PM PDT by oldvirginian (A proud CRUZ CRAZY. Let the election games begin!)
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To: ballearthout

I saw a map of how close his apartment was to the studio.
I’m assuming it would have been no problem for him to watch them load up & then follow them.


64 posted on 08/28/2015 7:32:53 PM PDT by Scotswife
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To: oldvirginian

I double checked with a buddy who drove over there as the clean up was going on and he agreed, no way to see down the median..


65 posted on 08/28/2015 7:43:02 PM PDT by ArtDodger
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To: csvset
and it wasn't going straight to the cloud because???

these cameras should all be linked to hot upload anything they pull the trigger on

66 posted on 08/28/2015 7:51:51 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY)
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To: Don Corleone
"Stations typically do promos or teases about their upcoming programming. Its not unusual. Probably the case here."

I must disagree.

The "story" that the reporter was working on wasn't of any particular interest.

Something about local businesses.

Boring filler material.

67 posted on 08/28/2015 7:55:45 PM PDT by boop (A joke? The hell kind of joke is that? 'Bout as funny as a gutful of pinworms!)
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To: Blue Highway; ArtDodger
What is the truth?

These days, the truth is a well kept secret.

68 posted on 08/28/2015 8:04:54 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: ladyjane

Wouldnt bother me if they did. Better than letting a bleeding heart ,keep him from the death penalty.


69 posted on 08/28/2015 8:42:30 PM PDT by Carry me back (.Cut the feds by 90%)
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