Case dismissed against woman arrested while videotaping police Posted at: 06/27/2011 1:37 PM | Updated at: 06/28/2011 2:44 AM

The case against a Rochester woman arrested while videotaping police has been dismissed.

Early Monday afternoon, demonstrators rallied outside the Hall of Justice in support of Emily Good, the city woman who was arrested while videotaping police officers during a traffic stop on May 12th in front of her 19th Ward home. (Click here to watch the video)

Good kept recording police officers while standing in her front yard even though an officer ordered her several times go inside. She was charged with obstructing of governmental administration. Since then, the video from that night has made it onto news shows across the country.

Good's attorney, Stephanie Stare, had asked for the charges to be dismissed. In court Monday, the District Attorney's office says based on a review of the evidence, there was no legal basis to go forward. The charge was withdrawn and the judge dismissed the case.

Several of Good's supporters who filled the small courtroom quietly cheered as the case was dismissed. They hugged her outside the courtroom and Good said "I think there are weaknesses in the brotherhood of the police, and they are not above the law."

Good was asked if she would do it over again. "Yes, I would do it again. And I would encourage other people to do the same thing. Carry a camera. Stand your ground. Go to the scene of flashing lights and observe what's going on. Keep a safe distance."

News 10 NBC's Ray Levato asked "Do you think there is racial profiling going on?" Good answered, "Everyday. Everyday. Absolutely."

KaeLyn Rich, a spokeswoman for the Rochester office of the New York Civil Liberties Union afterwards called city police actions "a disgusting disregard for an individual's First Amendment rights to videotape in public spaces. I hope we can repair the relationship between the community and the police by holding police accountable, and making sure police officers are getting the training they need to respect people's constitutional rights."

Supporter Rev. Willie Harvey of the Peace Baptist Church said "the police did the wrong thing."

City activist Howard Eagle, a spokesman for a Rochester Anti-racism Movement said "This case really is about racial profiling. That's the reason why Emily Good grabbed her camera in the first place and began to record the activity of the police. She suspected that a young black man was being racially profiled."

A joint statement issued by Mayor Tom Richards, City Council President Lovely Warren and Rochester Police Chief James Sheppard says they support the decision of the District Attorney's Office to dismiss the charges against Good. Click here to watch the video of Chief Sheppard's statement.

The statement says whatever the specific circumstances that led to Good's arrest, they see no purpose in pursuing the criminal charges.

The statement continues, "We believe that the incident that led to Ms. Good's arrest and the subsequent ticketing for parking violations of vehicles belonging to members of an organization associated with Ms. Good raise issues with respect to the conduct of Rochester Police Officers that require an internal review. A review into both matters has been initiated."
     
"Police officers must be able to cope with a high degree of stress while performing oftentimes dangerous duties, relying on their training and experience to guide their behavior. As routine as a traffic stop may appear, it has proven over time to be a potentially dangerous activity for police. Nonetheless, police must conduct themselves with appropriate respect for the rights of those involved or who are observing their actions."
     
"There is a mandated legal process that governs our internal response when police officer behavior is called into question. We must respect this process and that may be frustrating to those who may have already made up their mind about the outcome. We have confidence that the review will be fair and impartial and invite Ms. Good and anyone else with firsthand information to participate. We will withhold our judgment until the review is completed."
     
"Whatever the outcome of the internal review, we want to make clear that it is not the policy or practice of the Rochester Police Department to prevent citizens from observing its activities - including photographing or videotaping - as long as it does not interfere with the safe conduct of those activities. It is also not the policy or practice of the Department to selectively enforce laws in response to the activities of a group or individual. This has always been the case and it is being reinforced within the Department, so that it will be abundantly clear to everyone."

Rochester Woman Arrested After Videotaping Police From Her Own Front Yard By: Matt Sledge

NEW YORK -- In May, the Rochester Police Department arrested a woman on a charge of obstructing governmental administration after she videotaped several officers' search of a man's car. The charge is a criminal misdemeanor.
The only problem? Videotaping a police officer in public view is perfectly legal in New York state -- and the woman was in her own front yard. The arrest report of the incident also contains an apparent discrepancy from what is seen in the woman's own video.
That video, uploaded to the Internet this week, more than a month after Emily Good's May 12 arrest, begins by showing a black male being questioned by a police officer at about 10 p.m. The red and blue flashes of a police cruiser illuminate the scene on Aldine Street.
"I just got out of the house, man, I'm sick, man," the man who has been pulled over says. Other police officers search his car.
Then one of the officers, identified as Mario Masic in the arrest report, turns to the camera and asks, "You guys need something?"
"I'm just -- this is my front yard -- I'm just recording what you're doing. It's my right," Good replies.

"Actually, not from the sidewalk," the officer replies, incorrect about the legality of Good's actions.

"This is my yard," Good says.

"I don't feel safe with you standing behind me so I'm going to ask you go into your house, you understand?" Masic says.
From there, the conversation escalates into a confrontation, with Masic alleging that Good is threatening his safety, and that she expressed other, unspecified anti-police statements before the videotaping began.
"Due to what you said to me, before you started taping, I think, uh, you need to go stay in your house, guys."
Good's public defender, Stephanie Stare, told HuffPost she believes from her conversations with several neighbors who were present that Good made no threatening comments before the tape begins.
Ryan Acuff, a friend of Good's who witnessed the exchange and picked up the video camera after she was arrested, agreed.
"None of us was talking to them until they came to us," Acuff said. "The first contact was definitely on tape."
For more than a minute of the video, the officer and Good argue about whether she is threatening his safety. Finally, it appears, Masic has had enough: "You know what, you're gonna go to jail. That's just not right."
Acuff claimed that he and Good were complying with the policeman's order to return to their porch when she was arrested.
"The real reason they arrested her was because she was videotaping," Acuff said. Both he and Good are activists who have previously protested foreclosures in the area.
Acuff has posted his own account of the arrest on Indymedia. He said he and Good were videotaping the traffic stop out of concern about police misconduct.
The police report of the arrest contains another apparent discrepancy from what appears on the video: Masic writes that the traffic stop targeted three individuals who "were all chalkem south gang members."
"This gang is known for drugs guns and violence," Masic notes, underscoring the danger of the situation.
The video, while dark, appears to only show one man led out of the car. Good's public defender says that as far as she has been able to determine, only one man was pulled over.
The Rochester Police Department did not immediately respond to a request for comment.
In a statement released to the press, Rochester Police Chief James Sheppard said that while he had "researched" the incident, "With the case still pending and my unfamiliarity with the specific details, any assumptions at this time would be premature."
The police department has launched an internal investigation.
Good is scheduled to appear in court on Monday, where her public defender hopes the case will be dismissed.
If that doesn't happen, Stare said, she was not afraid of bringing Good's case to a jury trial.
"She was well within her rights."