The government response also reveals that Oregon State Police SWAT troopers at the scene, ordinarily required to wear body cameras, didn't that day at the request of the FBI. The FBI did obtain video from FBI surveillance planes flying above the scene.
State police detectives also normally record interviews of officers who might be involved in a shooting, but they didn't that night when questioning the FBI Hostage Rescue Team members, again at the FBI's request. A follow-up interview with the hostage team members also came with unusual conditions, prosecutors note...
On Feb. 6, 2016, two state police detectives reinterviewed Astarita, but by then the hostage rescue team agents knew there were unaccounted-for gunshots and missing shell casings. The agents set conditions for the interview: They could only be interviewed as a group, the interview couldn't be recorded and their lawyer could be present on a speakerphone.
The state police detectives found those conditions "particularly an unrecorded group interview - odd and problematic, but reluctantly agreed to them, believing that the alternative would be no interview at all,'' prosecutors wrote.