UPDATE: The Oakland Police Department (OPD) has just announced that it will not release body-camera footage related to the death of former NFL running back Doug Martin, who died in police custody on October 18, 2023. This decision has sparked immediate backlash from advocates for police accountability and transparency.

Authorities described Martin’s death as an “in-custody death” following a “brief struggle” with officers, but have provided little detail about the circumstances leading to his unconsciousness. Martin, 36, was found inside a neighbor’s home in the Oakland hills after multiple calls to 911 reported a man banging on doors and wandering through backyards.

At approximately 4:00 AM, OPD received simultaneous reports of a potential burglary and a person in medical distress. Following a confrontation with officers, Martin became unresponsive while in custody. Despite the serious nature of this incident, OPD has stated that it does not meet the criteria for a “critical incident” as defined by AB 748, which necessitates the release of such footage.

In an unsigned statement, OPD claimed, “At this time, the City has determined that the incident does not meet the definition of a ‘critical incident.’” This refusal has drawn sharp criticism from legal experts and civil rights advocates. David Loy, legal director of the First Amendment Coalition, stated, “Transparency is the oxygen of accountability. The public has an overwhelming interest in how the government does their job.” He urged the department to release the video, regardless of legal obligations.

Almost six weeks post-incident, the OPD has maintained a veil of secrecy. The Alameda County Coroner’s Office is still conducting an autopsy, with results pending. Reports indicate Martin’s brain will be preserved for examination for signs of chronic traumatic encephalopathy (CTE), a condition linked to repeated head trauma that has affected many former NFL players.

Martin’s family has been preparing for his memorial service, scheduled for Thursday, but they have not publicly commented on the police’s refusal to release the footage. The former NFL star, who previously played for the Tampa Bay Buccaneers and the Oakland Raiders, had a notable career but faced numerous challenges, including injuries and substance abuse issues.

This incident occurs amid ongoing scrutiny of the OPD’s practices, which has been under federal oversight for two decades. Just days before Martin’s death, the department began encrypting its radio channels, raising concerns about transparency in police operations. This move prevented the public from accessing crucial information regarding police activities and emergency responses.

Legal experts like Jim Chanin, who played a significant role in the OPD’s federal oversight, argue that the body-camera footage should be released, regardless of whether it falls under AB 748’s provisions. “When in doubt, release it,” Chanin stated. He emphasized the community’s right to scrutinize police actions, particularly in situations involving potential loss of life.

As the situation develops, public outcry continues to grow over the OPD’s lack of transparency. Advocates for police accountability are calling for more stringent measures to ensure public access to information surrounding police actions, especially in life-and-death scenarios. Watch for updates as this story unfolds.