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Video of 2017 gun battle released by prosecutors

ALLENTOWN — The video shows a routine traffic stop by Pennsylvania state police that turned into a frantic gun battle along Route 33. Its publication represents a rare instance in the state in which police dash camera video was made public.

Northampton County prosecutors released it on Thursday, six weeks after they used it to win Daniel K. Clary’s conviction for the attempted murder Nov. 7, 2017, of two law enforcement officers.

The video was recorded from the cruiser of Trooper Ryan Seiple, who pulled Clary over for speeding last year in Plainfield Township.

It captured the entire encounter between Clary and police, including the moments in which he opened fire, grievously wounding Cpl. Seth Kelly, who nearly died from gunshot wounds that included a severed femoral artery.

The video was released after The Morning Call sued to get a copy of it because prosecutors initially declined to make it public, though it was introduced as evidence at Clary’s trial. In a motion July 27, attorneys for the newspaper asked Judge Stephen Baratta to order its release, noting it had been played in open court.

“The Morning Call sought access to the dashcam video because the attempted homicide of two state troopers and Clary’s allegation that the troopers used excessive force are of great concern to the public in the current environment,” said Theresa Rang, the newspaper’s interim editor.

Joshua Bonn, a lawyer for The Morning Call, wrote in the suit that given “the public’s overwhelming right to access judicial records,” there was no compelling reason to withhold the video.

The dispute over the video’s release never saw a courtroom. A day before a hearing was scheduled before Baratta, the district attorney’s office reversed course and agreed to provide the recording.

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