Tuesday, February 24, 2009

Judge to Release Collier Tape over the States and Defense Attorneys Objection

Check out the very interesting article that appeared below. It isn't very often where you see both the State Attorney's Office and the defense attorneys collectively opposing the release of evidence. But that is exactly the case below. In this case the police officers, prosecutor and the defense attorney all request that the tapes not be released. However, because the court reviewed the tape as part of the case, lawyers for the Times Union have correctly argued that the tape is now in the "sunshine" and should be released under Florida's public records law.

From the Times Union: Circuit Judge Mallory Cooper heard arguments Monday that she should release to the Times-Union a transcript of a conversation a friend of Tyrone Hartsfield secretly recorded. Cooper read the incomplete transcript before denying bail Friday to Hartsfield, who has been charged with the Labor Day shooting that left Jacksonville Jaguar Richard Collier paralyzed below the waist. Collier also had a leg amputated after he was shot about a dozen times. Attorney Timothy J. Conner, representing the Times-Union, said the transcript was used in the judge's ruling and so is now part of the public court record. As a result, both the transcript and the original tape should be available, he argued. Assistant State Attorney Bernie de la Rionda and defense attorney Ann Finnell both opposed the release of the conversation, recorded by Hartsfield's friend, Stephfan Wilson, at the urging of police. Cooper said she will rule Thursday on Conner's motion.

Charlie Patton

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