DA takes on police in gag order hearing; Lt. 'Phil McGroin' Renshaw testifies, Pepper chastised

May 18—The ALEA video of Steve Perkins' death broadcast by a conservative news outlet was edited with the help of the Huntsville Police Department and shown to Decatur officers because supervisors felt the District Attorney's Office misrepresented the facts of the case, according to testimony at a hearing Friday on whether to extend a temporary gag order in the murder case.

Decatur Police Department's command staff decided to share the video with all their officers "because there was so much misinformation," according to Capt. Rick Archer.

"We anticipated you would release the video," he told District Attorney Scott Anderson.

"Well, you anticipated wrong," said Anderson, who is seeking a continuation of the gag order. "Was there a feeling among the command staff that some of the misrepresentations came from the DA's office?"

"Yes," Archer said.

Archer originally received the video from the Alabama Law Enforcement Agency and claimed he was told DPD could do whatever they wanted to with it, according to his affidavit filed earlier this week in an effort to release him from the hearing.

Capt. George Silvestri said his officers "deserved" and "needed" to know exactly what happened.

Anderson asked how many times in other murder cases, in Silvestri's experience, was evidence shared in a pending murder case.

"This is the only one," he responded.

Before Decatur officers took the stand, lead investigator and ALEA Special Agent Jamie King told the court that ALEA made a "critical incident video" of the shooting and delivered it to DPD on Dec. 26.

King described ALEA's strict security measures for the video: The original file is locked away and only King can access it. There is also a digital log that keeps track of everyone who has accessed the video. King said he saw the video that was published by a media outlet in March.

"The audio content of the video appeared to be altered," he said.

Chief Todd Pinion was next. Anderson asked him if he believes it's a "serious matter" for any law enforcement officer to leak a video in a murder case.

"Yes sir," Pinion replied. Pinion admitted that the video that Archer distributed to lieutenants on a thumb drive was the same video that was leaked.

"Have you shown a video in a murder case to all the officers before?" Anderson asked.

"No sir."

Anderson pressed Pinion and others on the "chain of custody" they were instructed to maintain by Silvestri regarding the thumb drive that contained the video. There were apparently no logs kept as the drive was passed from lieutenant to lieutenant.

"In my mind, a chain of custody is a document. So, there's really no chain of custody?" Anderson asked.

"There's no document, yes sir," Pinion responded.

In addition to showing the video to officers, Pinion said he showed it to Mayor Tab Bowling, Council President Jacob Ladner and Councilman Carlton McMasters "sometime after the indictment."

Pinion said, in staff meetings, he has asked his officers who leaked the video. He said the "investigation" didn't start until after Anderson filed a motion for the temporary gag order.

"Your investigation consisted of asking lieutenants if they leaked it? Any other measures DPD could have taken to better investigate?"

"I'm sure there is," Pinion responded. "I guess I could polygraph them."

"Are you planning on doing that?" Anderson asked.

"I don't know."

"When will you know?"

"I don't know."

Anderson asked if Pinion is aware of DPD officers sharing their opinions about the case in online or public forums.

"I haven't seen anything," Pinion said.

Anderson pressed him on whether he was aware, not whether he had personally seen the posts. "Are you aware of them creating false names to share opinions anonymously?" he asked.

"I stay off social media," Pinion said. He admitted that it was a violation of DPD policy to discuss a pending case online.

James Marquette testified next. His son Mac Marquette, accused of killing Perkins, wore a blue suit with a high-and-tight haircut next to his defense attorney. Anderson asked James Marquette about a social media post made in February wherein he described the shooting with apparent inside knowledge. James Marquette said that he had not seen the video, but that he made the post based off "messages that had been sent" to him.

Lt. Joe Renshaw, who last month handcuffed Steve Perkins' widow at a peaceful 3rd Friday demonstration, was asked again about the lack of a chain of custody over the thumb drive. Then, he was asked about his online comments. He admitted to having several Facebook profiles with fake names.

"What names?" Anderson asked.

"I'd rather not say," Renshaw said. "I use them for investigative purposes."

Marquette's lawyer objected to this line of questioning, and Circuit Judge Charles Elliott promptly overruled it. Anderson approached the defense and showed them a screenshot.

"Is that you?" he asked.

"Yes sir," Renshaw admitted. He read the name: "Phil McGroin."

"You've commented about the case using that name?" Anderson asked.

"Correct."

During Archer's testimony, in addition to copying the video to a thumb drive, he admitted to placing it on DPD's computer network so that Pinion could access the video remotely.

"So, it's your testimony under oath that you had it on a system where IT could get it?" Anderson asked.

"I guess," Archer replied.

Capt. Justin Lyon said the command staff decided to show the video to officers because they "had a difference of opinion on what was going around publicly," and it was affecting morale. Lyon testified that he moved the video from the thumb drive to his computer desktop.

Internal Affairs supervisor Lt. Selby De Leon said he took the video to the Huntsville Police Department and asked them to edit it before DPD showed all their officers. He said they redacted graphic portions of the video.

The State's last witness, Councilman Hunter Pepper, was pressed about public comments he made in December describing information that was leaked to him ahead of the disciplinary results in the Perkins-involved officers. Anderson asked him who leaked that information.

"I don't remember," Pepper said.

"You know you're under oath?" Anderson asked.

"We'll wait," Elliott chimed in.

"Jeremy Goforth," Pepper suddenly remembered. He said he didn't see the video until it was published by the media.

After his testimony, Elliott stopped Pepper on his way out of the courtroom. Elliott said he had been made aware of a social media post Pepper made about his subpoena.

"I take anyone under subpoena in front of me incredibly seriously," Elliott said. "Earlier today, I told some people that I'm not an important person, but I have an important role. Mr. Pepper, you're not an important person, but you have an important role.

"Think about that before you ever post anything about a case in which you are under subpoena."

Attorneys for the defendant and the city abandoned cross-examination of the State's witnesses almost entirely, with a few half-hearted and mostly overruled objections.

Elliott, who had a long day at court with a morning murder trial, ruled that the temporary gag order would remain in place until he could look over his notes. He said he would try to make a ruling as soon as possible.

"Do you know of any officer who has not seen the video?" Anderson had asked Archer.

"No."

All who testified denied leaking the video or having knowledge of who did.

— david.gambino@decaturdaily.com or 256-340-2438.