Judge Orders Release of Statement, Surveillance Tape in Florida Murder Trial
August 31, 2006
Suzanne M. Judas- Jacksonville
Over strong objections from prosecutors and defense counsel, a Florida trial judge has ordered the state to release a surveillance tape that allegedly shows a murder defendant disposing of a college student’s body, and his statement to police made after the arrest.
After reviewing a probable cause affidavit filed in court, WCTV Eyewitness News in Tallahassee requested the statement and the tape, which allegedly shows defendant Dwight Smith carrying the murdered Florida A&M student’s body from an apartment and placing it in the trunk of a car. The state had turned the statement and the tape over to the defendant in discovery, and the existence of both pieces of evidence had been reported in local newspapers.
When a reporter for the Gray Television-owned station requested the material under Florida’s public records law, the state refused, and the defendant filed a motion to preclude release of the information, alleging that the release would deprive the defendant of a fair trial. WCTV moved to intervene. After hearing oral arguments, Leon County Circuit Court Judge John C. Cooper entered a temporary protective order to review the statement and surveillance tapes in-camera.
At issue in the release of the statement was a Florida statute exempting from public records law “any information revealing the substance of a confession of a person arrested … until such time as the criminal case if finally determined by adjudication, dismissed or other final disposition.” Fla. Stat. § 119.07(3)(k)(2004). Florida statutes do not define what is meant by “substance of a confession.” Defendants argued that any statement made by the defendant to law enforcement while in custody is covered by this exemption.
The court, in its July 6, 2006, order making the statement public, disagreed. It applied the more narrow definition of “substance of confession” articulated in a 1984 opinion of Florida’s Attorney General.
The “substance of a confession” would appear to be the material or essential part of part of a statement made by a person charged with the commission of a crime in which he or she had in it i.e., a statement inculpating the offender in which the essential elements or summary of such essential elements of the acts constituting entire criminal offense or charge are acknowledged.
Op. Att’y Gen. Fla. 84-33 (1984) The court also found that a confession of guilt or admission of acts constituting the entire criminal offense was distinguishable from the admission of a fact that would tend to prove guilt or from which guilt could be inferred. The court then held that “the admission of certain facts from which guilt may or may not be inferred is not a confession and not exempt from disclosure under Fla. Stat. § 119.07(3)(k)(2004.).”
The court then applied a three-part test under Florida law and held that, as to both items of evidence the station sought: (1) the release of both the statement and the surveillance tapes did not pose a serious and imminent threat to the administration of justice; (2) defendant had not met his heavy burden of showing that there were no other alternatives available to ensure a fair trial; and (3) closure would not be effective in protecting the defendant from the perceived harm.
The court based the decision, in part, on the following facts:
• the surveillance tape was described in detail in the probable cause affidavit filed in court
• the city of Tallahassee issued a press release reporting the defendant was seen “bring[ing] the deceased [victim] down from the apartment and plac[ing] [the victim] in the trunk of [defendant’s] car.”
• the content of the surveillance video was confirmed by a Tallahassee Police Officer’s interview with WCTV
• both WCTV and the local newspaper already had reported on the tape
Therefore, the court held, the release of the statement and the surveillance tape was unlikely to be effective in protecting the defendant’s right to a fair trial: “Since much of this information has already been made public, there is little justification for granting [defendant’s] motion.” the court stated.
The state complied with the order and turned copies of the evidence over to WCTV.
Holland & Knight represented Gray Florida Holdings, Inc. d/b/a WCTV Eyewitness News in this matter.
For more information, e-mail Suzanne Meyer Judas at suzanne.judas@hklaw.com or call toll free, 1-888-688-8500.