Two Baltimore County police officers under investigation in the alleged beating of a suspect may not see a homemade videotape of the incident before they are questioned about it, a county Circuit Court judge has ruled.
Judge J. William Hinkel said yesterday 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 well because they've made numerous arrests since then, Ms. Kramer said.
The officers were to be interviewed by internal affairs officers today, she added.
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 on charges of hindering a police investigation and resisting arrest, according to E. Jay Miller, a police spokesman.