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State Appeals Carlie Evidence Case

By TOM ARTHUR Sarasota Herald-Tribune

Published: Nov 24, 2005

SARASOTA - -- The state will ask the Florida Supreme Court for its opinion on whether the media has a right to view graphic crime scene photos admitted into evidence during a trial.

In a ruling Wednesday, the 2nd District Court of Appeal declared the question one of "great public importance" and granted the state's request to seek an opinion from Florida's highest court.

Questions about the media's access to videotapes and photographs of crime victims were raised in Joseph P. Smith's murder trial.

Smith was convicted last week of raping and strangling 11-year-old Carlie Brucia.

During his trial, prosecutors showed jurors a videotape and photographs of Carlie's body. The images later were sealed by Circuit Judge Andrew Owens Jr., who cited privacy concerns for Carlie's family.

The media objected and asked the appellate court to order Owens to allow reporters to view, but not copy or publish, the evidence, protocol followed in at least one previous Florida trial.

Attorneys for the Herald-Tribune, The Tampa Tribune and other media outlets argued that every piece of evidence presented in a trial should be public. Anything short of that, they said, amounts to conducting a trial with "secret evidence."

In a ruling issued last week, the appellate court agreed with the media. Before reporters could view the evidence, Attorney General Charlie Crist joined the debate. He persuaded the appellate court to delay access, arguing that state privacy laws trump the media's legal arguments about access to evidence.

On Tuesday, the appellate court rejected Crist's arguments and again ruled in favor of the media.

"Secret evidence is the hallmark of an oppressive regime," the appellate court said in its ruling. "It is not a policy generally acceptable in a free society."

The court ordered Owens to give reporters access to view, but not copy or publish, the evidence by Monday.

Crist found that unacceptable, and on Wednesday asked the appellate court to take another look. Giving reporters access, he said, will open the door for others to exploit the evidence.

In his motion, Crist said the appellate court's decision "impacts the rights of those citizens who have or will become victims of any crime, and their families, if the crime is one that would lead to photographs of their bodies being admitted as evidence."

In that motion, Crist asked the appellate court for permission to request an opinion from the Florida Supreme Court on this question:

"Does the privacy right created by ... the Florida Constitution and the privacy protections for victims and/or their families set forth in ... Florida statutes allow a court to preclude public access to photographic and videotape depictions of the victims which are introduced into evidence at the public criminal trial of the victim's attacker?"

Against the media's objections, the appellate court granted that request. It said a conflict existed between the privacy rights of Carlie's family and the First Amendment rights of others.

It means that evidence will remain sealed at least until Wednesday.