WILMINGTON — The fate of recordings of three Wilmington police officers fired last month for racist comments remains uncertain. A petition from the City of Wilmington to release the recordings was continued until late August, when an in-person hearing is now scheduled.
On Wednesday morning, Superior Court Judge Josh Willey heard the hearing required by a 2016 law before police recordings can be released to the public. As noted by Wilmington Police Department (WPD) attorney Daniel Thurston, the petition is unusual — typically it is media outlets, and sometimes individuals, who petition for the release of these documents. In this case, WPD and the city are petitioning for the release of their own recordings.
Opposing the release is attorney J. Michael McGuinness, who represents former WPD officers Kevin Piner and Jesse Moore II. The third officer fired month, Brian Gilmore, is not involved but indicated through his own attorney that he supports the release of the recording, believing they will support his appeal to be reinstated at WPD.
McGuinness filed a motion on Tuesday, asking both to delay the hearing and to hold it in person. McGuinness cited his lack of familiarity with the virtual hearing technology implemented by the courts since Covid-19 and the said it was important for him to present nearly a hundred pages of evidence and expert witness testimony to the court.
In McGuinness’ motion, and during Wednesday morning’s hearing, McGuinness reiterated his argument that the release of the recordings would cause a violent public reaction, leading to both rioting and potential violence against the officers he represents.
McGuinness also noted that, while he could probably rely on the official record, he would consider calling on testimony from Wilmington Mayor Bill Saffo, District Attorney Ben David, and Sheriff Ed McMahon to supplement his arguments about his perception of the public safety risk if the recordings were released.
Thurston told Judge Willey that the city’s preference is to hear the case sooner rather than later, saying that the city ‘need closure’ and ‘could not heal’ without a final decision on the recordings. Thurston said the city had no opinion on holding the case remotely or in person.
Willey approved McGuinness’ motion, slating the in-person hearing to consider the release of the records in New Hanover County court for the morning of Thursday, August 27. Willey also asked WPD for a confidential copy of the recordings so that he could review them ahead of the hearing.
