Two Baltimore County police officers under investigation for allegedly beating a suspect may not see a homemade videotape of the incident before they are questioned about it, a county Circuit Court judge ruled yesterday.
Judge J. William Hinkel said the state Law Enforcement Officers' Bill of Rights does not allow police officers to see a videotape of an incident before answering questions about it.
The officers, David Folderauer, 25, and Randy Guraleczka, 30, filed suit to gain access to the videotape, made by a bystander who saw the incident, after they were notified in April that they were under investigation, according to their attorney, Mary M. Kramer.
They objected to being questioned before seeing the tape because the alleged beating took place in April 1991, more than one year ago. They remember the incident, but not really well because they've made numerous arrests since then, Ms. Kramer said.
The officers are scheduled to be interviewed by internal affairs officers today, she added.
"They have been ordered to appear," Ms. Kramer said. "And when they appear, they will be ordered to answer questions."
John Austin, an assistant county attorney, and Mark Spurrier of the internal affairs division could not be reached for comment yesterday.
The internal affairs investigation stems from the April 18, 1991, arrest of Rudolph Christian Wacker Jr. Mr. Wacker, 33, whose last known address was in the 100 block of Kingston Road in Essex, had been arrested for hindering a police investigation and resisting arrest, according to E. Jay Miller, police spokesman.
Ms. Kramer said she's trying to get a member of the General Assembly to introduce a bill next year that would allow officers to see videotapes before they are questioned.