The city’s Police Advisory Commission this week agreed to view records related to the Nizah Morris homicide at the District Attorney’s office, but it remains to be seen if key evidence will be shown to them.
The visit will differ from a prior on-site review by an earlier PAC because, this time, no non-disclosure agreement is in place.
At its July 18 meeting, the recently appointed PAC members said they’re free to convey to the public the information they gather during the visit.
Morris was a transwoman found with a fatal head wound at 16th and Walnut streets shortly after receiving a courtesy ride from Philadelphia police. She died two days later, on Dec. 24, 2002.
The homicide remains unsolved, but police and the D.A.’s office continue to investigate.
PAC members said the onsite review will take place the second week of August.
PAC attorney Michael B. Hayes said his understanding of the agreement is that the PAC will be granted access to the D.A.’s entire Morris investigative file.
But Hayes stopped short of saying they’ll have access to evidence that may have been sealed by the court.
Sealed evidence typically is separated from similar evidence in a homicide file for increased security.
Court records indicate that 911 transcripts, AT&T cellphone records and a surveillance tape from a camera at 1632 Walnut St. were obtained through search warrants in 2003.
But that evidence was never publicly released, and it remains unclear whether it was placed under court seal during the D.A.’s 2003 Morris investigation.
Tasha Jamerson, a spokesperson for D.A. Seth Williams, said the PAC will “be looking at previous records that [earlier PAC members] have already looked at.”
Jamerson had no comment on whether Morris evidence yielded from search warrants or sealed evidence would be included.
At a July 18 meeting, PAC members said they have nothing in writing from the D.A.’s office verifying the review will cover all Morris evidence in the D.A.’s possession.
But they noted they can go to court to seek more evidence from the D.A. if they believe something is being withheld.
Hayes said the agreement was reached hours before the PAC’s July 18 meeting.
PAC members asked Hayes to “memorialize” his understanding of the agreement in a letter to the D.A.’s office, and Hayes agreed to do so.
Hayes also said the D.A.’s office will create a list specifying which Morris records cannot be photocopied during the review.
Records not on the list will be available for photocopying, upon request, and PAC members can take notes.
Two years ago, an earlier group of PAC members viewed the records at the D.A.’s office but couldn’t publicly discuss them due to a non-disclosure agreement.
In January, the PAC asked Williams for tapes, transcripts and documents related to Morris’ death, a list of documents and materials previously produced and a “privilege log” describing any materials withheld and the reason.
Williams declined to comply, so the PAC served Williams with a subpoena in May.
Ongoing negotiations to avoid a court battle over that subpoena led to this week’s agreement for the review.
PAC members said they’ll report back to the community at their next public meeting, 6 p.m. Aug. 15 at the PAC office, 990 Spring Garden St., seventh floor.
Tim Cwiek can be reached at [email protected].