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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLawyer: Angela Corey missed deadline to release evidence
This was forwarded to me. Appears to be a local Orlando media outlet. Not sure of its leanings. Very interesting if true.
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.
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.
http://www.clickorlando.com/news/Lawyer-Angela-Corey-missed-deadline-to-release-evidence/-/1637132/12190668/-/g2ilu2/-/
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Lawyer: Angela Corey missed deadline to release evidence (Original Post)
ProgressiveProfessor
Apr 2012
OP
Let me just say that I sincerely doubt a successful & professional prosecutor fucks up.
vaberella
Apr 2012
#2
grasswire
(50,130 posts)1. I agree -- very interesting
So I guess someone with standing would have to sue for release?
What would happen if, in fact, she is not compliant with the law but refuses to release evidence?
vaberella
(24,634 posts)2. Let me just say that I sincerely doubt a successful & professional prosecutor fucks up.
So...I won't give this article too much stock until more information is released on the matter. I am sure she knows the laws in Florida and knows what her duty is as a representative of said law...Hello...she's the prosecution and works for the government here.