Posted on 04/28/2012 8:02:15 PM PDT by 2ndDivisionVet
SANFORD, Fla. - As controversy over the $200,000 George Zimmerman raised on PayPal took center stage Friday, Special Prosecutor Angela Corey's decision to ignore legal questions raised over whether she's obeying Florida's public record law went largely unnoticed.
But the issue of whether Corey has the legal right to continue preventing the public from seeing the evidence she says proves Zimmerman committed the second degree murder of Trayvon Martin seems to be coming to a head.
The special prosecutor's office on Friday refused to make that evidence public -- even though an attorney fighting for the public's access insists Friday was when Florida law required Corey to share the evidence with the millions of people following the case.
The reason the deadline for Corey's evidence to become public was Friday, according to Scott Ponce, the attorney representing media organizations seeking access, is because that was 15 days after Zimmerman's attorney served Corey with an April 12 demand for evidence. This process of the state sharing evidence with both the defendant and public at large is known as discovery.
When denying requests from the public for the Zimmerman discovery records Friday, Corey's office told Local 6 Florida law allowed her to keep the records secret using a criminal investigative exemption because "no records have been provided to the defendant."
But Ponce, who specializes in public record law, believes that Corey can no longer use that reason to withhold records from the public, now that the 15 day discovery deadline has passed. That's because Florida law specifically excludes documents "required" to be given to the defendant from the type of records that can be withheld as criminal investigative information.
When Local 6 emailed Corey and her public records attorney, Lisa DiFranza, asking for an explanation as to how they concluded the records were still exempt criminal investigative information, even though Ponce advised the information was required to be given to Zimmerman Friday, the two attorneys did not respond. Neither did Corey's spokesperson, Jackelyn Barnard, even though Florida's public record law requires an agency denying records to give a written response explaining the reasons it concluded records are exempt, when requested.
Zimmerman's attorney, Mark O'Mara, told Local 6 he wants access to the state's information to start preparing his defense, however, he doesn't want the records to become public before he has the chance to file a motion to keep certain information, like witness names and addresses, secret. Corey's office also wants that type of information shielded from public view.
After Friday's hearing, O'Mara told Local 6 he disagrees with what he called Ponce's "more strict interpretation" of the discovery deadline. O'Mara believes the deadline for Corey's office to make the documents public has not yet passed because his interpretation is that the 15 day deadline for Corey's office to make its evidence public doesn't start ticking until after a defendant's arraignment. Zimmerman's is scheduled for May 8.
In response, Ponce provided Local 6 with the exact rule to refute O'Mara's stance that Friday did not mark the deadline for Corey to make her evidence public through discovery.
"The rules of criminal procedure (Rule 3.330(b)) say discovery is required to be given fifteen days after the demand for discovery is served. Nothing in the rule pegs it to arraignment. It is irrelevant that he does not accept it today," Ponce told Local 6 Friday.
When asked if he'd be taking further action so the records would become public, Ponce said, "No word yet on that."
Maybe she’s doing an end-around on the liberals and leading them to the fact that the case is baseless by filing the charges. If she didn’t file, the libs and rioters would say it’s because she’s a republican. There is no amount of evidence that can convince them of the silliness of charging Zimmerman because the media’s made their mind up for them. I’d like to give Corey the benefit of the doubt and let the evidence fall apart under legal examination. Then the idiots can decide if they want to riot or not.
They will just accuse her of deliberately blowing the case because she is a Republican and riot anyway. Pretty much the only thing that will prevent the riots is a show trial and conviction of Zimmerman.
I guess it’s too much to ask that the media and legal experts examine the case and evidence and explain to the unwashed why Zimmerman is innocent?
I would certainly not mind the case being thrown out on the stand your ground basis. I did not realize in FL this means the family cannot bring a civil suit.
I guess what I meant was I wanted him clearly exonerated and if that meant going through a trial, I’d rather have the trial.
I really do not see how the family would want a trial considering everything they do not want the public to know about their gangster burglar thug son would come out in open court. And be reported on.
I doubt that any of Trayvon’s background would be admitted in court, although it will certainly come out in public. You have to remember that for the Martin's attorneys, it's all about the $$.
You do know what the law is, don't you? It's a game lawyers play, and they use other peoples’ money to keep score. :-/
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