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State Riles Lafave Defense

By THOMAS W. KRAUSE tkrause@tampatrib.com

Published: Nov 19, 2005

TAMPA - -- As the trial for Debra Lafave looms, a Hillsborough County courtroom on Friday became the battlefield in the war for public opinion.

Assistant State Attorney Mike Sinacore, who complained about the defense attorney's continuing public comments, asked the judge for a gag order to prevent lawyers on either side from discussing the case before the media.

Immediately after Judge Wayne Timmerman granted the order, Sinacore said he was going to release several documents to the media, specifically sworn witness statements.

Defense attorney John Fitzgibbons described the move as a "sucker punch."

"The timing is just suspect," he told the judge. "It's a planned, coordinated strike against us."

Should the state be allowed to release the documents, Fitzgibbons said, the gag order prevents him from commenting. The public would only hear one side.

"This is exactly why these gag orders are so frowned upon by the courts," he said.

Sinacore denied the move was planned.

He said the documents were provided to Fitzgibbons "piecemeal" since February, when Fitzgibbons announced he would use an insanity defense. Sinacore saved the documents, he said, so he could redact sensitive information, such as the underage victim's name, before providing them to the media. The timing, he said, was coincidental.

State and federal law make court documents public record immediately after they are provided to the defense.

Timmerman said he would bar release of the records until Tuesday, when attorneys for media outlets will argue to lift the gag order. Fitzgibbons can review the documents, and if he feels he needs to comment, he can explain that to the judge Tuesday.

The judge said that in about two weeks, he and the attorneys must seat six jurors and two alternates. Public exposure of the case's details would make that difficult at best, he said.

"I've got a request in for 100 potential jurors, hoping I can get eight," Timmerman said. "I can't say this enough: All I want is a fair jury. There is no one who can say they haven't heard of this case, unless they've been living in the woods in Wimauma."

Lafave, a former Greco Middle School teacher, is accused of sexually molesting a 14-year-old student. She faces up to 15 years on each of two charges and more prison time if convicted on similar charges in Marion County.

Media locally, nationally and internationally have followed the case. It has been featured in media as varied as the National Enquirer and Newsweek, and CNN and "Inside Edition."

Mike Benito, a former Hillsborough County prosecutor, said he had not heard of a gag order issued in Hillsborough before. Any public comments by the prosecution or defense, he said, will become irrelevant when the trial begins.

"I think there's way too much made of what goes on in the media and how it will affect the case," Benito said.

After Friday's hearing, media lawyers questioned why prosecutors did not release the documents earlier.

Jon Kaney, general counsel for the Florida First Amendment Foundation, said the state does not have to provide the documents unless the media asks for them in a specific request. Still, he said, prosecutors regularly release unsolicited information to the media on high-profile cases, and they should not withhold documents in other high-profile cases under the umbrella that "no one asked."

"The system of justice is an act of the government," Kaney said. "They are exercising power given to them by the people. The ability to hold them accountable for that power depends on transparency."