Earlier this month, more than a year after 24-year-old Ryo Oyamada was killed by a speeding NYPD cruiser in Queensbridge, the police finally turned over the results of their investigation into his death to federal court. But the Oyamada family is still prohibited from viewing the materials of the investigation, including public documents and video footage that the NYPD claims will exculpate their officers.

The reason for the prohibition is a protective order signed by the family's former attorney—the second of three the family has hired. Police radio transmissions, video taken by witnesses, and many of the materials used in the investigation that have already been released or are part of the public record cannot be disclosed. The order states that only the plaintiff may view them, which in this case is an attorney who was retained to act as the Japanese family's domestic proxy in the $8 million wrongful death suit they filed against the City, the NYPD, and the driver of the cruiser, Officer Darren Ilardi.

The order does not prevent the City from disclosing any of these documents or making statements concerning their content to the media.

"The palpable unfairness of this arrangement justifies modification of the order," the family's new attorney, Steve Vaccaro, wrote in a request filed last night for the judge to amend the order. "The blanket Protective Order prevents the real parties in the interest in this action—the Oyamada family—from meaningfully consulting with counsel…. It does nothing to prevent defendants from making further anonymous, self-serving statements to the media concerning Ryo Oyamada's death."

Shortly after Oyamada was killed, the NYPD told the New York Times that the vehicle was responding to a "domestic dispute with a knife" and its "emergency lights had been activated." The police also told ABC and Fuji TV that the car's siren was on as well, and an officer told a community meeting covered by Queensbridge.us that the department "has NYCHA security video showing that RMP's lights were flashing when victim was struck."

A NYCHA surveillance camera affixed to the Queensbridge Houses points directly on 40th Avenue near 10th Street, right outside the deli which witnesses say Oyamada had just exited before he was killed. Oyamada had only been in New York for a few months, and lived just a block away from where he was struck, an area where residents say NYPD vehicles frequently travel at a high rate of speed without turning on their emergency lights.

One witness told us that he did not see nor hear any police lights or sirens when Oyamada was hit: "They didn't put sirens on until two more patrol cars put on their sirens. There were no overhead lights on, none." ABC has reported that the domestic dispute the officers were responding to "turned out to be unfounded."

A spokesperson from the Law Department did not immediately respond to a request to release the public documents in the case. A spokesman from Mayor Bill de Blasio's office did not respond to a request to review the details of the case. The NYPD has also rejected our Freedom of Information Law request for information regarding the fatal collision, including records of 911 calls.

When the NYPD's judgment was questioned in August after an officer fatally shot 14-year-old Shaaliver Douse, the department released surveillance video to exonerate the officer.

Vaccaro has seen the documents pertaining to the NYPD's investigation, but is prohibited from specifically commenting on them. "The documents are interesting and they materially advance the understanding of the case," Vaccaro wrote in an email. "The documents show me that this is very much a viable case against the NYPD."

You can read Vaccaro's entire request below.

Oyamada - DI 22 Ltr Seeking Modification of Protective Order