Fairfield officials decline to release records on use-of-force case

FAIRFIELD – Fairfield city officials are holding off on releasing information about an incident involving a Jefferson County Sheriff’s deputy, citing both long-standing department policy and a judge’s gag order on this particular case.

Fairfield Police Chief David Thomas and Fairfield City Attorney John Morrissey informed the council at its meeting Monday, Feb. 10 that the two agreed the city should not release documents or video footage from an incident in April 2024, after being asked to do so by an open letter to the council from The Ottumwa Courier’s editor Kyle Ocker.

In his letter published on Feb. 5, Ocker wrote that The Courier was seeking records related to a use-of-force incident involving a Jefferson County Sheriff’s deputy. This led to a dispute between Jefferson County Sheriff Bart Richmond and Jefferson County Attorney Chauncey Moulding. In the summer of 2024, Moulding placed Richmond on the Brady-Giglio list, citing his response to this incident, and Richmond later appealed his placement on the list, which culminated in a final hearing before District Court Judge Jeffrey Farrell on Jan. 23.

“We believe that the video footage and related records should be released to the public so citizens can evaluate the actions of law enforcement officers during the incident and assess the department’s response in the aftermath. Transparency in matters of public safety and accountability is vital for maintaining trust in local institutions,” Ocker wrote in his letter.

Thomas told The Union that the Fairfield Police Department’s policy on releasing evidence is that it only does so after a court order.

“Judges are our bosses. Prosecutors are our bosses. It needs to go through the courts, and until it does, we hold onto the evidence,” Thomas said. “Everybody deserves a fair trial, and we’re trying to be fair and consistent.”

Morrissey said there is a special wrinkle to the incident involving the Jefferson County sheriff’s deputy and the use-of-force investigation into the incident in April 2024. Judge Farrell placed a gag order on releasing information related to the case since it became the center of the Brady-Giglio dispute between Richmond and Moulding.

Morrissey said he and Thomas discussed the request from The Courier to release records.

“I told him, ‘Don’t go outside the court. If we release, it might get you in contempt,’” Morrissey said.

Morrissey said he believes the City of Fairfield is transparent, as evidenced by having its meetings available to watch on the Fairfield Media Center’s YouTube channel.

“We have as much transparency as any town,” he said. “I’m not used to being accused of hiding the ball.”

Morrissey said the city is not refusing to release the records related to the use-of-force case, but rather wants to follow proper procedure before doing so.

“Dave and I will send a letter back to The Courier to say, ‘We haven’t said “no,” we have said “not yet,” until Judge Farrell lifts the gag order,’” Morrissey said.

Call Andy Hallman at 641-575-0135 or email him at andy.hallman@southeastiowaunion.com