FRIENDS REQUEST VIDEOTAPE OF STOP

Attorneys representing three friends of Kenneth Walker filed a
petition Thursday in Muscogee Superior Court requesting a copy of the
videotape of the traffic stop that led to Walker's shooting death.

Warren Beaulah, Anthony Smith and Darrel Ransom were riding with
Walker in a gray GMC Yukon that was seen leaving an Armour Road
apartment under surveillance by Metro Narcotics Task Force agents for
drug activity, according to official accounts.

The four men were ordered from the vehicle during the traffic stop on
Dec. 10, and during that process, Muscogee County Sheriff's Deputy
David Glisson fatally shot Walker in the head. The other three men
were detained several hours for questioning. No drugs or weapons were
found in the Yukon or on the occupants.

Filed by attorneys Joseph Wiley Jr. of Columbus and Dwayne L. Brown of
Montgomery, Ala., the petition requests that District Attorney Gray
Conger and Muscogee County Sheriff Ralph Johnson turn over a copy of
the videotape of the incident.

It argues that while authorities investigated the shooting, the tape
was part of that criminal investigation and arguably not public
record. However, when the tape was shown to people outside the
government, the tape became public record and subject to release under
the Georgia Open Records Act.

"The respondents have released/provided viewing to persons not members
of a governmental entity, making said videotapes a matter of public
record, and subject to release under the state's Open Records Act,"
the petition states.

The court papers also state that making the tape available to
Glisson's attorney, Richard C. Hagler, while denying access to
attorneys for Beaulah, Smith and Ransom violates equal protection as
guaranteed by law.

"Since the counsel for the employee has had an opportunity to see the
tape, on behalf of our clients, we should be able to see it," said
Wiley.

Brown of Montgomery is the men's lead attorney. Brown could not be
reached for comment.

Wiley noted that Glisson has not been charged or indicted for any
crime and that Hagler is not a government attorney, but a private
attorney. "There is no exemption in the statute for him to view the
tape," Wiley said.

Wiley said that he and Brown are preparing to file a civil suit on
behalf of their clients. He would not specify how long he had been
working with Brown, but did say it had been "a while." Thursday's
petition was the first legal action they have taken together.

Conger said he received a copy of the tape from the Georgia Bureau of
Investigation following the agency's investigation into Walker's
death. However, Conger no longer has the tape.

When Conger requested that the Georgia attorney general's office
handle any potential criminal prosecution, he passed along the tape
and all other information, he said.

As soon as the GBI turned over its investigation to Conger, Wiley
argues the videotape became a public record of the district attorney's
office. Wiley said Conger should still have to produce a copy of it.

During a press conference last week, Hagler said he had viewed the
video but would not discuss specifics.

He said the tape had no sound and parts of it were partially
obstructed, but it would disprove certain allegations.

"In no way is this tape going to substantiate that this was a racially
motivated incident, and anybody that's seen the tape would know that,"
Hagler said.

The attorney said Thursday that he believes his viewing of the tape
does not legally affect whether the men have a right to see it.

"I would say just because I've seen it doesn't give them an automatic
right to it, but ultimately it's up to a judge," Hagler said.

Because he had not read the open records request, Hagler was unable to
comment further.

The Ledger-Enquirer and WRBL Channel 3 are still seeking all video and
audio recordings, including 911 tapes, of the incident,
Ledger-Enquirer Managing Editor Susan Catron said Thursday.

"More motions were filed this week," Catron said.

Muscogee Superior Court Chief Judge Kenneth Followill denied a request
on Feb. 19 from the two news organizations to gain additional
information in the Walker shooting. Followill ruled that it is
"premature" to make additional information about Walker's death public
while it is under investigation.