Michigan journalist facing 20 years for photographing crash scene

November 26, 2008 @ 5:25AM

Michigan journalist facing 20 years for photographing crash scene

By Carlos Miller -...

Update: A TV news segment from Detroit’s local Fox affiliate. I can’t figure out how to embed it, so if anybody knows, please let me know.

Update: Felony charges still pending three months later.

Michigan State Police first arrested reporter Diane Bukowski on a single misdemeanor charge of obstructing an investigation after she allegedly crossed a police line to photograph the scene of a double fatality resulting from a police chase.

Prosecutor Kym Worthy

Three days later, Wayne County prosecutor Kym Worthy decided to charge the Detroit journalist with five felony counts of assaulting, resisting and obstructing a police officer, which carry a possible sentence of 20 years, according to The Michigan Citizen, the weekly newspaper she was working for at the time.

Adding insult to injury, the arresting officers deleted the images she took, which is not only a violation of her First Amendment rights, but a destruction of evidence.

And that also happens to be a felony.

The insanity began Nov. 4 after a police chase through the streets of Detroit ended up with a dead motorcyclist and a dead pedestrian.

At issue is what caused the motorcyclist to lose control and strike the pedestrian.

Bukowski reported that a police car struck the motorcyclist, forcing him into the pedestrian.

Police claim the motorcyclist lost control on his own after he sped through a red traffic light.

Perhaps Bukowski’s disputed report is the reason her misdemeanor charge was elevated to five felony counts three days after her initial arrest.

After all, at the time of the incident, police yelled at her, handcuffed her, placed her in a squad car and deleted her images. But they eventually released her without transporting her to jail where she went home and worked on her article.

However, the article was not published until Nov. 16 in The Michigan Citizen, a weekly newspaper which covers the black community, perhaps appearing on the Internet as early as Nov. 12.

And prosecutor Worthy made her decision to file felony charges against Bukowski on Nov. 7.

So where does this obvious animosity come from?

The answer might be in an article about Bukowski in Detroit’s weekly alternative newspaper, The Metro Times.

Her work has frequently focused on allegations of police misconduct. She was the first reporter to shed light on Detroit police officer Eugene Brown. In seven years, Brown shot nine people, killing three.

He subsequently became a focus of coverage in these pages and in mainstream media as the issue of questionable police shootings in Detroit came to the fore. Eventually the U.S. Justice Department stepped in and ordered the department to make changes.

Over the years Bukowski has also been critical of the Wayne County Prosecutor’s Office for not bringing criminal charges against officers involved in cases where evidence indicated shootings were unwarranted.

Meanwhile, Michigan State Police Capt. Harold Love says the video from the dash-mounted camera in the patrol car proves the officers never struck the motorcyclist.

He also said he is “looking into” Bukowski’s allegations that his officers deleted her images, which shouldn’t be so hard considering the officer admitted to it in the arrest report, according to Bukowski’s attorney.

Bukowski’s preliminary examination is scheduled for Dec. 16, according to the Detroit Free Press

Comments

Anonymous

3 years ago

Police need to be trained to respect journalists. National leaders need to empower journalists to dig for the deepest truth, and use them as a resource to root out corruption. On that note, journalists need to commit themselves to the highest quality of work, and rely on each other for support in doing so.

The American people and people of the world must demand honesty and correctness in their news by question everything, and this is where we must begin.

Anonymous

3 years ago

I agree with you one hundred percent. Integrity needs to be built on both sides.

Anonymous

3 years ago

Taking photos isn’t a crime, but crossing a police line to do so is just irresponsible.

Journos seem to be under the impression they can just wander around wherever they like and it usually takes one getting arrested or shot to bring them back to earth.

I hope they throw the book at her as an example to others.

Journos aren’t special, they are just another moron with a camera. The rules apply to them as well.

Anonymous

3 years ago

I was once arrested for gathering images of a car crash scene. I set a speed record getting released from Central ‘lock-up’ in New Orleans (3 hrs.)

I now make public my appeal for Diane Bukowski to contact me… regarding my (apparent) personal, raison d’etre. Police officers killed, mutilated and injured in collisions AND police officers using steel grid partitions to inflict injury to prisoners in the back seat of the cruiser.
The solution to the issue is simple… use federally complying partitions instead of the partitions they currently use.

SWC

Anonymous

3 years ago

Joe, did you miss the word that Carlos put before police line. It was ALLEGEDLY. Nothing has been proven yet, for either side. Even if she did cross a police line, which I have to admit would have been stupid, does that give the D.A. the right to dump obviously bogus charges on her? It certainly does not.

Anonymous

3 years ago

Joe, crossing a police line does not equal assaulting a police officer.

Anonymous

3 years ago

Abolish the Police State.
Liberty or Death.

Anonymous

3 years ago

is there a statement in the US constitution that stipulates that one is not ALLOWED LEGALLY to cross a police line?

Wouldn’t, you know, the proper response have been to ask her not to step inside the police lines? if she did again, ask her to leave the area, because she was interfering? and if she did it again, then place her in the back of a cruiser until they were done?

Why does everything always have to result in a scandal, or an arrest?

I’m not saying she did or didn’t cross a police line. But last time i checked, even *I* can buy that stuff. it doesn’t mean ANYTHING. merely being inside the tape isn’t against the law.

Anonymous

3 years ago

Erase my work if you wish – when I get to the office with the card they will magically reappear I promise!
Anyone can DL a free trial version:
http://www.softpedia.com/get/System/Back-Up-and-Recovery/Pen-Drive-Data-...
As long as you can make a USB connection with your media this software will recover it. I have used it to retrieve over 300 gigs of images from a 500 gig hard drive that failed and I had not backed up! I highly recommend it! At some point in a photographers career they will inadvertently erase something by accident and this can be the lifesaver!

Don’t you just love the digital age? No more cops opening your camera back and ripping out a roll of film, and like this instance many cops are unaware of recovery software which can retrieve the images.

What are the cops going to erase when direct transfers are the norm? Straight from the camera to the picture editors desk! The technology is in R&D as I type this.

With the correct set up I can use my Nikon for wireless transfer of images directly to my PC from my camera in the studio. I’ve tested this in the field with my laptop stationed in my vehicle with varied results.

I say all charges will be dropped in lieu of her not filing a Civil Rights Action on them – so no ground gained by either side of the coin!

Anonymous

3 years ago

FF,

Yes, recovery software has saved me a few times when I accidentally deleted my images. The only thing is, you have to be careful not to take anymore photos once you’ve deleted the card.

I hope Bukowski doesn’t agree to not file a Civil Rights Action. She should nail them with that.

There is no way the felony charges will stick regardless.

Anonymous

3 years ago

Always come prepared Carlos, keep that extra card ready and pocket the one that needs recovery on!

I don’t think the felonies will stick either – but they will certainly threaten her with maxing her out on the chicken shit they will make stick. The leverage game, the lawsuit quietly goes away, no more bad press… You know the game.

Anonymous

2 years ago

Joe, while I will agree that journalists sometimes cross the line and have an arrogant affect, the punishment HAS to fit the crime. Had the journalist been told to retreat back behind the police tape and refused she should have been arrested for “failure tocomply with a lawful police order”, that’s all.
Your failure to recognize that this yet is another case of police and prosecutorial overkill and abuse just makes me believe you are a LEO or related to one. The tone and matter of your arguement is idiotic to say the least.

Anonymous

2 years ago

“Journo”. That must be cop slang for somebody in the press corp they don’t like.

Anonymous

1 year ago

Hmmmm… Looks like Joe ran for cover?