The city of Winston-Salem will ask the N.C. Supreme Court to review a lower-court ruling that said a Forsyth County judge had no authority to release statements made by police officers in the beating of Jill Marker at the former Silk Plant Forest store.
The City Council voted unanimously Monday night to instruct City Attorney Angela Carmon to file a petition with the state Supreme Court. The council discussed the case with Carmon in a 30-minute closed session.
Afterward, Carmon said the city has until Nov. 8 to file its petition.
The N.C. Court of Appeals ruled on Oct. 4 that statements made by eight former and current Winston-Salem police officers to a citizens committee looking into the police investigation of a 1995 beating of Marker should not be released to the public.
In its ruling, the court said that the statements that the officers gave to the Silk Plant Forest Citizens Review Committee are part of their personnel files and that the judge had no authority to release that information to the public at large.
The court also ruled that the statements could be released to individuals or groups.
The committee had been reviewing the beating of Marker, a manager at the former Silk Plant Forest store on Silas Creek Parkway.
The assault left Marker, who was 4½ months pregnant, with severe brain damage. She lives in Ohio under 24-hour care.
Kalvin Michael Smith was convicted in 1997 of the beating and is appealing his case in federal court. He is serving 23 to 29 years in prison.
The ruling was a setback for the city, which had asked a judge to allow it to release in full about 5,000 documents associated with the work of the citizens committee.
The city had released only the committee's final report, and officials said they couldn't release interviews the committee had with police officers because they contained personnel information.
City officials then sought a court order to release the interviews. A judge granted the city's request, but the officers appealed the decision to the N.C. Court of Appeals.
Council members James Taylor and Derwin Montgomery said the city should appeal the case to the state Supreme Court.
"My sentiment has always been same — to leave no stone unturned until we get to the bottom of the matter," said Taylor, who served on the citizens committee. "And make sure that justice is being served."
The council needs to show city residents that the city is transparent in its actions, Montgomery said.
"Regardless of the outcome of the appeal, we have to do everything in our power to make everything available to our people," he said.
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