Defense attorney in viral arrest case releases sealed police body camera video

The defense attorney for Michaella Surat, the Colorado State University student whose 2017 arrest in Fort Collins was captured in a video that went viral, released evidence to a TV station Tuesday that was previously withheld from public view.

Attorney David Lane released a Fort Collins police officer's body camera footage from the arrest in Old Town on April 6, 2017, which he alleges shows the officer used excessive force. The case gained notoriety after a bystander recorded a nine-second video of Officer Randy Klamser forcing Surat to the ground during the arrest.

"The police have been hiding behind this body cam that they refuse to disclose as vindicating their position," Lane told the Coloradoan. "The body cam makes Klamser out to be a liar. Let the public see the truth."

Surat faces misdemeanor charges of resisting arrest and obstructing a peace officer. A misdemeanor charge of third-degree assault was dropped in September 2017.

Police say the body camera footage shared this week was not yet cleared for public release as it is evidence in the ongoing criminal case against Surat. No court records exist that approve the release of any evidence in Surat's pending case.

"It would appear (to be) an orchestration to influence public opinion," said interim Police Chief Terry Jones.

Jones called the release of the evidence "underhanded," "unethical," and "completely inappropriate."

Fort Collins Police Services officials have maintained the arrest technique is standard, and the body camera footage shows more to the story than the viral video. An internal department review of Klamser's actions cleared him of any wrongdoing in June.

Prior to Lane's Tuesday night appearance on the news program analyzing the footage, the only time members of the public had the opportunity to view the body camera video was in January during Surat's first jury trial, which ended in mistrial.

The Coloradoan reported on the footage seen from court and has filed an open records request asking for the footage, but Fort Collins police continues to consider the footage sealed from public view until after the criminal proceedings have concluded. A court order barred the media from recording the evidence during the trial.

On Wednesday, Lane also shared a copy of the body camera footage with the Coloradoan.

"Theoretically, a law enforcement agency could be held in contempt (if it were to release body camera footage prior to approval by the DA's office)," Jones said.

A new trial for Surat was scheduled to begin Monday, but after a disagreement between the defense team and District Attorney's Office about evidence and expert testimony, the trial was delayed until August.

Timeline: Get caught up on the viral arrest case that caused a social media storm

Lane told the Coloradoan that was the last straw and that's why he decided to release the evidence. He also plans to ask for the prosecutor and the judge to be recused from the case, citing his belief that Surat won't receive a fair trial otherwise.

"... what you see in the cell phone video is a felony assault by a police officer by Randall Klamser on Michaella Surat," Lane said. "The police have defended by saying 'oh once the public sees the body cam, it would vindicate Klamser.'

"But I know that that's a lie," he added. "And they are engaged in a disgusting coverup to protect the police from civil liability."

Klamser's report, however, states that Surat assaulted him by squeezing his throat "to the point I could feel her nails against my skin." He said she also slapped him in the chest multiple times.

First Assistant District Attorney Mitch Murray who is representing the DA's Office in the case declined an interview for this story, writing in an email that "Rule 3.6 of the Colorado Rules of Professional Conduct bars attorneys from making statements they know will be disseminated by means of public communication that will have a substantial likelihood of materially prejudicing a trial."

Murray said the District Attorney's Office won't release any statements or information that could affect anyone's right to a fair trial.

"We take our ethical obligations very seriously. The actions of defense counsel do not change that," he said. "The evidence and arguments in this case will be presented to a jury in a court of law, as it should be."

But Lane said he doesn't think "the truth hurts any efforts" if the point of going to court is to achieve that.

Lane said he's not worried about releasing evidence because the footage was shown in the first public trial and "anything that is already public record is subject to full disclosure. It's in the public record," he said.

He hopes that after the footage has been released, prosecutors will dismiss all charges against Surat, "although I have no expectation that that's going to happen."

Surat's defense team also plans to file a civil lawsuit against Fort Collins Police Services after the end of the criminal proceedings.

"I would like to get the U.S. justice department to look at this whole case to determine whether criminal charges should be brought and I will let a jury ... decide whether Klamser used excessive force or not," he said.

This story has a correction: Surat's initial third-degree assault charge was a Class 1 misdemeanor.

Reporter Saja Hindi covers public safety and local politics. You can follow her on Twitter @BySajaHindi or email her at shindi@coloradoan.com.