Filing # 68128070 E-Filed 02/19/2018 11:20:33 AM

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CRIMINAL JUSTICE DIVISION

STATE OF FLORIDA CASE NUMBER: 17CF017252A

v.
DIVISION: B

HOWELL E. DONALDSON, III

DEFENDANT’S MOTION TO COMPEL REDACTION OF ILLEGAL, IMPROPER OR

OTHERWISE PROTECTED CONTENT OF DISCOVERY MATERIALS RELEASED OR
DISTRIBUTED BY THE STATE OF FLORIDA IN THIS CAUSE PURSUANT TO
REQUESTS UNDER CHAPTER 119 FLORIDA STATUTES OR UNDER ANY OTHER
ALLEGED LEGAL AUTHORITY AND REQUEST FOR COPIES OF ALL PUBLIC
DISCLOSURES MADE

COMES NOW the Defendant, HOWELL E. DONALDSON, III, by and through the

undersigned attorney, and moves this Honorable Court, pursuant to Rule 3.190 of the Florida Rules

of Criminal Procedure, for an Order requiring the redaction of discovery materials disclosed to the

media and the public by the State of Florida in this cause as required by the guidelines of Chapter

119, Florida Statutes (2018).

Inherent in all criminal prosecutions when considering the scope of appropriate disclosure

of information concerning an alleged crime, is the need to carefully balance the constitutional

rights of the accused with the rights of the public. This motion is filed in order to claim and to

attempt to insure the protection of the rights of the Defendant in this cause with respect to the

scope of discovery and the dissemination of said discovery to the media and the public. This

motion seeks an order compelling the restriction of materials released or distributed by the State

of Florida and further seeks a copy of all materials released or distributed to insure the ability of

the Defendant in this cause to seek appropriate remedies for improper release or disclosure.

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 FACTS

The relevant facts in this cause that are germane to the motion are that the Defendant,

Howell E. Donaldson, III, has been charged with a criminal offense, he has been found to be

indigent, the Office of the Public Defender has been appointed to represent him, and he will

participate in discovery by the filing of a Demand for Discovery pursuant to Rule 3.220, Florida

Rules of Criminal Procedure (2018).

MEMORANDUM OF LAW

Both Federal and State law provide limitations on the disclosure of discovery materials in

possession of the government to the public and the media. These limitations are set forth primarily

in Chapter 119, Florida Statutes (2018), but are also found in other statutes as well as in applicable

case law. The Defendant’s rights to due process and a fair trial are set forth in part in the Fifth,

Sixth and Fourteenth Amendments to the Constitution of the United States of America, Article I,

Sections 9, 16 and 22 of the Constitution of the State of Florida; Sections 90.202 (11) and (12) and

90.203 Florida Statutes (2018) and Rules 3.190 and 3.220 Florida Rules of Criminal Procedure

(2018). Additional guidelines are contained within the Rules of Professional Conduct of the

Florida Bar and the ethical guidelines of the American Bar Association.

Once the State releases discovery material to the defense, such material potentially

becomes subject to Chapter 119, Florida Statutes (2018). Florida Freedom Newspapers, Inc. v.

McCrary, 520 So.2d 32 (Fla. 1988); see also WESH Television, Inc. v. Freeman, 691 So.2d 532

(Fla. 5th DCA 1989) (in which the State Attorney resisted media efforts to obtain discovery

material claiming that disclosure would hinder his efforts to afford the defendant a fair trial).

In this case, the potential disclosure of the discovery material within the purview of the

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 State’s discovery obligation under Rule 3.220, Florida Rules of Criminal Procedure (2018), which

could potentially contain matters which would not be admitted or admissible in evidence, or which

is otherwise protected from disclosure would irretrievably prejudice the Defendant and would

preclude the Defendant from receiving a fair trial in Hillsborough County, Florida. See e.g. Reilly

v. State, 557 So.2d 1365 (Fla. 1990) (cited in Bolin v. State, 736 So. 2d 1160, 1164-65 (Fla. 1999)

(the Florida Supreme Court found “publicity concerning inadmissible information (a suppressed

confession) to be so prejudicial that even a prospective juror without a preformed opinion should

not be allowed to serve on a jury after exposure to the publicity.”))

To safeguard the rights of the Defendant in this cause to receive a fair trial, the Court has

a Constitutional duty to minimize the effects of prejudicial pretrial publicity and to determine

which measures may be taken even, when they are not strictly and inescapably necessary. See:

Florida Freedom Newspapers, Inc. v. McCray, 497 So.2d 652 (Fla. 1st DCA 1986). In addition,

there are obligations under the law that restrict the scope of public disclosure of discovery materials

in this and all criminal causes.

WHEREFORE, the Defendant requests that the Court enter an order requiring the redaction

of discovery materials disclosed to the media and the public by the State of Florida in this cause

as required under the guidelines of Chapter 119, Florida Statutes (2018), interpretive case law and

as otherwise required by law. It is further requested that the Court order that if such disclosures

are made to the press or the public that copies of said disclosure be provided to counsel for the

Defendant in this cause within five days of the disclosure or dissemination of such materials for

review and other potential remedies.

I HEREBY CERTIFY that a copy of the foregoing motion has been furnished to JAY

PRUNER via e-mail to !mailprocessingstaff@SAO13th.com, Assistant State Attorney, Office of

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 the State Attorney of the Thirteenth Judicial Circuit, WFLA, c/o Gregg Thomas, Esquire, 601 S.

Boulevard, Tampa, Florida, 33606; Tampa Bay Times c/o Allison Steele, Esquire, 535 Central

Avenue, St. Petersburg, FL 33702; WFLA-TV, Attn: Legal Department, 200 S. Parker Street,

Tampa, FL 33609; Bay News 9, Attn: Legal Department, 700 Carillon Parkway, Suite 9, St.

Petersburg, FL 33716, on this 19th day of February, 2018.

Respectfully submitted,
LAW OFFICE OF JULIANNE M. HOLT
PUBLIC DEFENDER

/s/ JENNIFER L. SPRADLEY

Florida Bar # 0183482
Post Office Box 172910
Tampa, Florida 33672-0910
(813) 272-5980
(813) 388-4267 (fax)
spradleyj@pd13.state.fl.us

Attorney for HOWELL E. DONALDSON, III

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