Commonwealth's attorney warns board: camera review backlog risks litigation

Commonwealth's Attorney Mike Hurd told the Middlesex County Board of Supervisors on July 7 that implementation of body-worn cameras has increased his office's workload and that the county must provide resources to review footage or risk legal action.

Hurd said his office had requested video in 15 cases and "so far, we've received 51 videos," and that only a portion had been reviewed: "we reviewed videos in 11 so far," leaving many pending. He told the board the new statutory and discovery obligations mean prosecutors need time and staff to examine footage properly and asked the board to consider funding relief. "I intend to be cautious and file it prior to August 5," Hurd said, warning that a writ of mandamus or injunction could be pursued if the county does not meet its ministerial duties under state law.

Sheriff's office staff described the practical burdens of processing and redacting footage. Carol Riley, the sheriff's body-camera clerk, said of FOIA and discovery work that "for 1 hour of footage, It takes 2 hours to redact, and then it has to be rewatched to make sure that you didn't miss anything." Deputies and staff have been working with a third party for redaction; staff told the board that redaction and cross-checking are mandated and time-consuming.

Board members discussed options, including whether to hire or fund additional paralegal or contract review capacity; Hurd said ethical constraints prevent prosecutors from performing certain review tasks internally without creating conflicts. The board scheduled further consultation with county counsel and voted to enter closed session later in the agenda to discuss threatened litigation and legal strategy.

The remarks came during the sheriff's office update and a separate appearance by Hurd; the board did not adopt an immediate funding decision during the July 7 meeting and directed staff to follow up on operational and budget implications.