Major Central New York Police Agencies Don’t Use Video Recall

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(TNS) — Investigators discovered soon after an Onondaga County Sheriff’s deputy fatally shot two teens in fall 2023 that there was no body camera footage of what happened.

But there could have been.

Many body cameras have a feature that continuously records hours of video and, in some cases, audio, even if the officer hasn’t turned on the camera. The feature is a fail-safe measure, ensuring the camera is always rolling and capturing interactions with law enforcement.

That fail-safe feature caught on video New York state corrections officers last month brutally beating an inmate in a Central New York prison who died hours later. The footage was preserved even though none of the officers had hit the record button on their body cameras.

The death of the inmate, Robert Brooks, is being investigated by several state and federal agencies.

Three of the largest police departments in Onondaga County have not turned on the recall feature on their body cameras: The sheriff’s office, Syracuse police and the State Police. They have differing reasons for doing so, ranging from equipment issues to privacy concerns.

At the same time, a survey by Syracuse. com | The Post-Standard found most other police departments in the county do use the feature, with chiefs saying they enjoy the extra layer of security it provides.

One agency turned the recall feature on for its officers after the sheriff deputy shot the teens in the stolen vehicle because police officials didn’t want to be in such a situation and not have video.

Sheriff’s office: Deputy privacy concerns

Leaders in the Onondaga County Sheriff’s Office think the recall feature is useful, but are concerned about privacy implications.

Matthew Fischer, the chief police deputy, said some deputies charge their body cameras at home and the continuous recording feature could turn the cameras into a surveillance tool.

“Most of these guys take it home because it’s just convenient to their shift,” he said.

Fischer said the office is in touch with Axon, the manufacturer of its body cameras, about shortening the amount of video that is continuously recorded. He said the current 18 hours could potentially be pared back to the length of a typical 10-hour shift.

If that becomes possible, he said, there is an agreement with the deputies union to negotiate over the specific amount of time and then enable the feature.

The State Police likewise doesn’t use the feature on its massive fleet of body cameras, according to spokesperson Beau Duffy. He said troopers are required to have their body cameras rolling during almost any interaction with the public.

The Syracuse Police Department also has the feature disabled, according to spokesperson Kieran Coffey. He said department leaders are concerned the feature would drain the camera battery and not last through a full 10-hour shift.

While they don’t use the feature, the larger departments noted they have expansive policies that detail when cameras must be recording. They also have devices to automatically begin a recording, such as when an officer unholsters their service weapon.

Ian Adams, a former police officer who is now an assistant professor at the University of South Carolina and has studied the use of body cameras, said the recall feature raised issues that need to be worked out by departments and their officers, since it is “at once both maximally publicly accountable and maximally invasive.”

“Anybody with a full-time job can think through their day and think, ‘There might be elements that would be more or less comfortable being on public view,’” he said. “That’s just as true for officers as it is for anybody else.”

Most local departments use recall function

Most of the other police agencies in Onondaga County have enabled the feature, branded as “video recall” or “record after the fact” by popular manufacturers.

Sgt. Michael Niedzialek, of the Solvay police, said the department activated the feature after the sheriff’s deputy shot the two teens.

Niedzialek said Solvay leaders were worried that without turning on the feature, one of their officers could be in a comparable situation and there could also be no body camera footage to later review.

“We had that realization that you may have a split-second time where you have to make a decision, or utilize some type of force, and not be able to go and activate that camera,” he said.

Lt. Jerry Pace, of the DeWitt police, said his department uses video obtained from the recall feature from time to time for internal investigations.

Pace said it was used recently to investigate a crash involving a patrol car. Investigators checked the footage to see whether the officer was, among other things, using their phone or otherwise distracted while driving.

“We’ve had to use it a couple of times,” he said.

Lt. Greg Snyder, of the Manlius town police, said the department uses the feature in a similar way.

“We’ve been able to pretty much go back and pull whatever we need,” he said. “The technology is getting amazing.”

Michael Lefancheck, chief of the Baldwinsville police, said the feature provides a way to investigate complaints received from the public.

“We can just go back and watch that video,” he said.

Chief Chance Fieldson, of the North Syracuse police, said the feature was enabled when the department upgraded its fleet of body cameras.

“They asked if it was something we would be interested in activating,” he said. The department replied yes.

The police departments in Camillus, Cicero and Geddes also have the feature enabled.

Scott Heggelke, chief of the Skaneateles village police, said he was unaware of the feature but would look into it.

While some departments have purchased body cameras from industry behemoths such as Axon and Motorola, others have contracts with smaller companies that don’t offer the same features.

The villages of Jordan and Liverpool use Digital Ally body cameras, which the chiefs of both departments said do not support the feature.

Some agencies are still getting body cameras for the first time and are getting used to the technology.

Bernie Podsiedlik, chief of the part-time Marcellus village police, said his department recently secured a grant to purchase two Pro-Vision body cameras. He is now working to get them into the hands of officers.

Other CNY sheriff’s offices

The Cayuga County Sheriff’s Office plans to enable the feature in the next few weeks as it rolls out both a new fleet of body cameras and an updated policy on how to use them, according to Undersheriff Stuart Peenstra.

“I think the majority of the public expects us to have them on at all times,” he said of body cameras generally. “When we don’t, people question that.”

The Madison County Sheriff’s Office has not enabled the feature due to its current contract with the deputies union, according to spokesperson Samantha Field. She also said there is an “understanding that deputies at times during the day need privacy for personal reasons.”