Cop Used Flock to Wrongfully Accuse a Woman Then Refused to Look at Evidence That Exonerated Her, Body Camera Shows

Hey there,

I have a follow up to some great reporting by the Colorado Sun. Using public records requests, I was able to get body camera footage of an alarming incident in which a woman was accused of stealing a package using evidence from a Flock camera. But she didn't do it.

-Jason

A police officer in Colorado used evidence from Flock cameras to wrongfully accuse an innocent woman for package theft, then yelled at her on the phone when she told him she had evidence that exonerated her, according to body camera footage obtained by 404 Media.

The nightmare situation happened in September in Columbine Valley, Colorado and was first reported by The Colorado Sun, which obtained Ring camera footage from the woman, Christina Elser, that showed an initial interaction with Sergeant Jamie Milliman at her home. 404 Media has obtained body camera footage of that interaction as well as footage from a phone call Milliman made to Elser after he gave her a court summons.

The incident highlights not only the extreme extent to which America’s cities and towns are surveilled, but also the fact that police believe this surveillance evidence, which in this case was used to wrongfully summons Elser to court, is infallible and bulletproof. It also shows that anyone can be caught in America’s surveillance dragnet; there is no safety in the idea that you have nothing to worry about if you have nothing to hide.  

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“You know we have cameras in that town. You can’t get a breath of fresh air in or out of that place without us knowing,” Milliman told Elser and her husband at her home, referring to Flock automated license plate reader cameras in the nearby town of Bow Mar. He then told her the town’s Flock cameras had recorded her vehicle entering and leaving the town 20 times in the last month, including on Tuesday, September 22 “from 11:52 until 12:09, exactly,” he said. “Like I said, nothing gets in or out of the town without us knowing about it … I have you on camera walking up, ringing the doorbell, taking the package, and literally running away. I have you on camera doing this … I get that this is a shock to you, but I am telling you, this is a lock, 100 percent no doubt she did this.”

But Elser didn’t do it. Elser was visiting her tailor’s home for a dress fitting, and didn’t steal the package. She had her Ring camera footage from her tailor’s house and footage from her Rivian vehicle to show that she didn’t steal the package, which she told Milliman on a phone call obtained by 404 Media. 

“Why don’t you come on down and look at the video?” Elser said. Milliman refused to look at the video, and said “The next person you can tell is the judge or your lawyer. This is how this works. The judge or your lawyer.”

Elser asked to speak to his supervisor.

“I am the supervisor. That is it. There is no one else to talk to,” he said. “It is on camera many times. You’ve been served a summons … I will bring all of my evidence, the many, many, many, many videos, and you can bring yours. And if a judge says you didn’t do it then you didn’t do it.”

“What are going to be the repercussions when this is proven incorrectly and you’re wasting my fucking time?” Elser’s husband told Milliman on the call. 

Elser and her husband also asked Milliman to show them the evidence he had, or to answer basic questions such as what the woman on the Flock cameras was wearing in the department’s video footage. “You’ll have to go to court for this information,” he said. “I can tell you. I am not going to tell you. I can tell you, but I am not going to tell you.”

“I’m going to go to the local police department,” Elser said.

“This is the local police department. I am the jurisdiction,” he responded.

“I want to talk to somebody today,” Elser said.

“Well, that is not going to happen. It’s not going to happen,” Milliman said.

“Yes, it can happen,” Elser said. 

“I didn’t say it couldn’t happen. I said it’s not going to happen,” he said.

“No, no, it can happen,” Elser said.

“I agree it can, but it’s not going to,” he said. “You’re not talking to anybody else.”

Elser continues to explain that she has footage from her vehicle showing where she was, and that she was at her tailor’s house, not stealing a package.

“By the way, if your truck has GPS, I will simply request records from Rivian and do a court order to have those sent to me. I don’t care where your truck was. I care where you were. Your truck didn’t take the package, you did. Do you understand that? Your truck did not ring the doorbell. Your truck did not walk away with the package. You did. It doesn’t matter where the truck was. It matters where you were.”

“But you’re showing me a picture of my truck,” Elser said. “You didn’t show me a picture of me.”

Later in the conversation, Milliman says “I have been doing this for 27 years. I have probable cause because I saw you. You can laugh and giggle all you want, but I have video of you. This is going nowhere because you’re not being truthful with me. If you want to be truthful with me, you know how to get a hold of me. Other than that, you have a good rest of your day.” He then hangs up the phone. 

Milliman was disciplined with “extra training” after the incident, according to The Colorado Sun. A reprimand letter given to Milliman and obtained by The Colorado Sun noted that he exhibited “rude behavior,” and that his actions were “unprofessional and inconsistent with the standards expected of a sworn officer.” Milliman and the Columbine Valley police department did not respond to a request for comment. 

Elser shared an additional voicemail with 404 Media that Milliman left her a day after the call in which he refused to look at her evidence. In this follow-up call, Milliman completely changed his tone and said he would not be willing to look at her evidence: “Yesterday when we had talked, you had mentioned that you had some exonerating video and I mentioned you had my email. I would love to see it,” the voicemail says. “In the interest of justice and to make things right, I would love to go above and beyond and see anything that could possibly take away my probable cause for issuing the summons.”

Two weeks later, she sent an email to police chief Bret Cottrell containing evidence from her Rivian's cameras, her tailor's Ring camera, and a detailed timeline of events. Cottrell responded and said that they would be dropping the case: “After reviewing the evidence you have provided (nicely done btw), we have voided the summons that was issued," he wrote. "We have double checks with Jefferson County courts and the case was not yet entered into the system, therefore, there is no record on file. Thank you for getting back to us with the evidence you said you would be able to provide.”

In a phone interview, Elser told 404 Media that it feels like “they’ll talk to convicted murderers and rapists in a nicer way than they’ll talk to me about a $25 package and me saying ‘I have evidence I can show you and we can end this.’” 

She said that she eventually saw video of the person taking the package.

“From a distance, I’m like, ‘kind of it was like my outfit I was wearing at the time,’ but my truck isn’t there at all, she had a shaved head, she’s much younger, had earrings on and all that,” she said. Elser said that before this experience, she was “very big on surveillance, and knowing we have cameras in our house because if something happens, I wanna know how it happens. Maybe not even a crime against me, but maybe my animals knocked something over and I wanted to know who.” She said that she has dash cams because she’d been involved in multiple hit-and-run car accidents.

“Honestly, I was one of those people that believed, ‘well, if you’re not doing anything wrong, what’s the big deal?’ But here’s a situation where I was doing absolutely nothing wrong, and I almost lost my entire career over this,” she said. “I’ve lost trust for law enforcement … I mean I love the Flock stories where they help out with saving a kid, and I look at them and go ‘yeah, you did that, but you’re not using the technology right.’”

“The overreach of this technology is the biggest concern. Just having it out there is scary, it’s too much,” she added. “It’s changed my mind immensely.”