The Oklahoma Court of Civil Appeals ruled the 2014 video of OU running back Joe Mixon punching a female student is public record. But the video won't likely be released anytime soon.
News 9 was told Pickleman's Cafe, where the assault happened, destroyed the video. The Cleveland County court clerk didn't have a copy today when News 9 requested it, and the Norman City Attorney's office refused to release it.
Monday’s ruling stemmed from a lawsuit filed by the Oklahoma Association of Broadcasters against the City of Norman, challenging the denied access to the video.
“The ruling first of all says that the Oklahoma Association of Broadcasters petition to get this video as an open record was a good petition, at least it should not have been dismissed,” said OAB’s attorney Doug Dodd.
Dodd explained the judge also ruled the footage of Mixon punching Amelia Molitor at Pickleman's is open record because it was played in court.
Despite the ruling, the office of Norman's City Attorney would not release the video again on Monday, saying it followed the Open Records Law as it was written at the time of the original request.
“The police department's articulated concern regarding seizing private property and then distributing it in mass. Again it's Pickleman's video. It's their private property,” said assistant city attorney Rick Knighton.
Two days after Mixon accepted a plea deal for misdemeanor assault, Oklahoma's Open Records Act changed. The law said public records, like the video showing a crime being committed inside Pickleman's, could be inspected. The law now includes the words "and copied."
But still that footage is locked away in a file in the city attorney's office, tied up in lawyer's interpretation of the law and today's ruling.
“I read the conclusion as that the case is remained to the district court for a determination under 248.8b. So until that court makes that determination the video is not public,” Knighton said.
Mixon was suspended from the team, for a season, after pleading guilty to misdemeanor assault. He was sentenced to one year of probation and 100 hours of community service.