VOLUME 5 ISSUE 41
Banjo artist Mark Johnson’s “true miracle”
$2
Pg A4
OCTOBER 11 - OCTOBER 17, 2024
School district brainstorms idea to build Vanguard High its own football stadium By Caroline Brauchler caroline@ocalagazette.com
A
fter years of Vanguard High School’s football program using the offcampus Booster Stadium, the school district is brainstorming future plans to build a stadium on school property.
The property, which is about 30 acres, was donated to the school with the intention of building a stadium on it in the future. The school currently uses the field, adjacent to the school, to practice football. “We’re actively beginning to talk about options. We have our half-cent sales tax on See New, page A2
“There appears to be a lot of appetite to finally get Vanguard their own stadium.” Nancy Thrower
Marion County School Board Chair
‘Ocala Gazette’ files motion for reconsideration in lawsuit against MCSO
The State’s application of Brady rule disclosure isn’t straightforward
By Caroline Brauchler caroline@ocalagazette.com
A
The policy can potentially unfairly impact officers’ rights and justice for defendants. [Image created by Amy Crescenzo]
By Jennifer Hunt Murty jennifer@ocalagazette.com
W
hile legal experts emphasize the critical importance of proper evidentiary disclosures in criminal cases, warning that violations can lead to miscarriages of justice and overturned convictions, a review of Fifth Circuit State Attorney William Gladson’s office’s current policy, or lack thereof, raises concerns. The governing rule for handling evidence, established in 1963 by the U.S. Supreme Court in Brady v. Maryland, requires prosecutors to disclose any evidence favorable to the defendant that is material to guilt or punishment. This includes exculpatory evidence that could negate guilt, reduce a potential sentence, or impact witness credibility- even if the witness is law enforcement. A recent high-profile national case brought this so-called Brady rule into the spotlight. When the charges of involuntary manslaughter against actor Alec Baldwin were dismissed, a defendant’s due process rights were at the core. During Baldwin’s trial, his defense counsel asked the court to dismiss the case based on the prosecutors’ lack of disclosure about dummy ammunition that was related to the case but not disclosed to the defense. The judge granted the dismissal “to ensure the integrity of the judicial system and the efficient administration of justice.” This national case has local echoes in how evidence beneficial to the defendant is shared, or not shared, with the defense team by Marion County law enforcement
and prosecutors. Specifically, local cases involve police officers and deputies whose credibility in court could be challenged by defendants because of documented concerns over their honesty in prior cases. Despite decades of legal precedent, The National Association of Criminal Defense Lawyers, described violations of the Brady rule to be “among the most pervasive forms of prosecutorial misconduct.” Clearwater-based defense attorney Denis M. deVlaming explained obligations for complying with Brady principles in 2018 material still used by the criminal section of the Florida Bar: “That court holding along with United States v. Bagley and Kyles v. Whitley have predominately dictated the requirements of the prosecution to turn over all material that include the following: (1) all information that would exonerate the accused; (2) all exculpatory information; (3) all information that would lessen the punishment; (4) all material impeachment of the government’s evidence or witnesses; and (5) any evidence that would support a valid defense.” In the training Brady training material deVlaming said the law implied upon a prosecutor the “duty to learn” of Brady material that needed disclosure. “That duty to learn means that the government cannot just sit back and turn over whatever Brady material is given to them, but they must go out and affirmatively search for it. And perhaps the reasoning behind that stringent requirement can be found in United States v. Bagley: “By requiring the prosecutor to assist the defense in making its case, the
Brady rule represents a limited departure from a pure adversarial model. This is because the prosecutor’s role transcends that of an adversary. The prosecutor is the representative not of an ordinary party to a controversy, but of a sovereignty…Whose interest… in a criminal prosecution is not that it shall win a case but that justice shall be done,” according to deVlaming.
Local application of Brady
Brady rules regarding disclosure are not limited to physical evidence; they also relate to information that could be used to impeach a witness, and this is where disclosure of information becomes murky. For example, exculpatory evidence about law enforcement personnel who would be called to testify could diminish the credibility of their testimony. Customarily, the state will disclose that information to defendants early on during the discovery stages, in writing, not at trial as in the case of Baldwin. Who, then, is responsible for keeping lists of personnel who may have credibility issues with their testimony? Across the country, states have placed the burden squarely on prosecutors. For example, in 2019, the State of California Supreme Court removed an exemption for deputies’ personnel records, ruling the Los Angeles County sheriff must give prosecutors the names of deputies who have committed misconduct, such as lying, tampering with evidence or using unreasonable force. Walter Forgie, spokesperson for Gladson, said the office relies on law enforcement to See Brady, page A3
fter viewing the footage of the death of Scott Whitley in the Marion County Jail, the “Ocala Gazette” has filed a motion for reconsideration with the judge in attempt to obtain the footage. The Gazette believes its interest in publishing the video outweighs the Marion County Sheriff ’s Office’s concerns for the security of the jail, and that the court should consider redaction of the footage to address the needs of both parties. “The public is still hearing conflicting stories and the only way to resolve that conflict is to let the public see the video for themselves,” according to the motion. Whitley died in custody on Nov. 25, 2022. The medical examiner ruled his death a homicide. “Gazette” staffers were allowed to view the footage on Sept. 23, but not to obtain a copy or publish the video footage pursuant to a court order granted by a Lake County Circuit Judge, James R. Baxley. Contrary to initial reports from the sheriff ’s office that claimed Whitley refused to comply with guards’ orders, the footage shows the inmate sitting as ordered and, when he sees the guards rush towards him, he raises his hands in defense and pleads “no” and “wait”—to no avail. Whitley showed no physical violence toward jail staff at the time of the incident, only minutes earlier verbally refused to comply with deputies’ orders to be handcuffed at the door for a cell inspection that the sheriff ’s office described as “routine.” Whitley, a diagnosed schizophrenic, was being held in solitary confinement and was not allowed any clothing or bedding, a precaution often taken out of concern that those items could be used by an inmate to harm themselves or others or to attempt escape. Whitley was unmedicated for his mental disorder at the time Based on an evidentiary hearing held on Aug. 12, Circuit Judge James Baxley found that See Inmate, page A9
READ DAILY NEWS AT OCALAGAZETTE.COM
INSIDE:
Fire Prevention Week Tips......... A5 Puppies On Pizza Boxes.............. A6 State News.................................... A10 104th Birthday.............................. B1 Calendar......................................... B5
Subscribers will receive their paper through USPS on the USPS schedule. Subscription orders must be received by 5 pm on Tuesday in order to be included in the following week’s delivery. Starting at $10/month ocalagazette.com/subscribe