Whether or not the newspaper is entitled to the tapes, Miami-Dade Circuit Court Judge Victoria Sigler has already ruled that they must be turned over to the plaintiffs as part of their public records lawsuit.
“The families here are entitled to autopsy reports, autopsy results and any audio and/or visual recordings that took place shortly before, during or after the shooting, including 911 calls and dispatches ...’’ Sigler said.
The misinformation about the police transmissions is the latest in a series of issues that have dogged the investigation — and caused plaintiffs to question whether Miami Beach should be conducting the probe or whether an independent investigation is merited.
During last month’s civil court hearing, a police sergeant supervising the criminal inquiry testified that he was among the officers responding to the scene that morning, a potential conflict of interest.
“The Miami Beach Police Department’s investigation into the Memorial Day Urban Beach Weekend shooting reeks of corruption at the highest level,’’ said Jasmine Rand, who represents Cedrick Perkins, a bystander who was shot in the chest.
Martinez said he is committed to ensuring that the investigation is complete, fair and impartial.
Police have said Herisse was driving his blue Hyundai the wrong direction on Collins Avenue near 16th Street. when he struck a Hialeah police officer on a bicycle. That officer and others from neighboring cities were assisting Miami Beach with crowd control during the 2011 street festival.
The policeman ordered Herisse to pull over, at which point Herisse continued down the street, striking parked vehicles, according to Miami Beach P.D.
After Herisse rolled to a stop near 14th Street, police officers trotted up alongside the Hyundai and 12 of them opened fire, shooting 116 times, a scene captured on video by multiple witnesses and posted on YouTube. Three days later, police announced a search of the car had located a gun under a seat, concealed in a towel. A gunshot residue test indicated it had not been fired.