Topeka police found Zoey Felix 'in good spirits,' but won't release body camera video
Topeka Police Department officers said they found Zoey Felix "in good spirits and apparent health" about a month before she was raped and killed, but the city won't release body camera video from that welfare check.
City attorney Amanda Stanley said the video was a criminal investigation record and releasing it could interfere with a criminal prosecution.
Police had been called to the house in the 2200 block of S.E. Market on Sept. 5 for a check welfare call. That had been Zoey's home, but when officers arrived, they were told she was no longer living there because the house had no electricity.
"Officers then met with the child who was in good spirits and apparent health and the child was left in the care of their parent, per the custodial agreement," the city previously said. "Officers then left the scene."
While police initially said they filed a report with the Kansas Department for Children and Families, they didn't actually sent the report before Zoey died Oct. 2.
The Topeka Capital-Journal filed a Kansas Open Records Act request for all body camera and dash camera video from that September call. The city denied it, citing exceptions for criminal investigative records.
"In this instance, the release of this footage has the potential to interfere with a criminal prosecution," Stanley wrote in the denial letter. "As you wrote in your article on October 30, 2023, the defense in this case has filed several motions requesting heightened procedural safeguards. Additionally, prosecutors in Kansas are bound by the Rules of Professional Conduct."
Among the public records law provisions she cited were K.S.A. 45-254, which establishes that all law enforcement body camera or vehicle camera video is considered a criminal investigation record, and K.S.A. 45-221(a)(10)(B), which specifies that such records don't have to be released unless a court makes certain findings, including that disclosure would not interfere with any prospective law enforcement action, criminal investigation or prosecution.
Stanley referenced the capital murder and child rape prosecution of Mickel Cherry, a homeless acquaintance of Zoey who was arrested and charged in her death.
When The Capital-Journal requested video footage that excludes any portion in which Cherry appears, Stanley said that "is not possible."
While District Attorney Mike Kagay has not announced whether he will pursue the death penalty, Cherry has public defenders from the Kansas Death Penalty Defense Unit. Those attorneys have filed a series of motions requesting heightened procedural standards, including a gag order on police and prosecutors plus a ban on cameras in the courtroom. They have already succeeded in sealing the probable cause affidavit detailing why police think Cherry killed Zoey.
"While these rules clearly govern statements made by the agency or the attorneys involved," Stanley said of the Rules of Professional Conduct, "it is also the City's duty is to protect against the release of any unnecessary information when a criminal prosecution is likely or pending. This is especially important to avoid biasing a jury pool in a high profile case. The public's demand for information does not outweigh a victim's right to justice."
Jason Alatidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.
This article originally appeared on Topeka Capital-Journal: Topeka police deny Kansas open records request for video of Zoey Felix
