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Although it's hard to make out, this still frame from a surveillance video shot by Clerk of Courts employees shows a man lifting a gas can into the back of a county-owned truck after filling the tank at one of the county pumps.
published: Thursday, August 07, 2008 
Clerk grants access to video despite attorney's advice By KEVIN J. SHUTT SEBRING -- The News-Sun was about 30 minutes from transmitting a Tampa attorney's opinion countering Wednesday's blocking of public access to videotapes of alleged county fuel theft when Clerk of Courts L.E. "Luke" Brooker made a decision against his attorney's advice. The News-Sun requested to see the videos — created by internal auditors Mary Wilson and Tasha Morgan during undercover observation of county refueling centers -- as part of its investigation into rumors that county and other government employees were stealing gas from the county and its taxpayers. Sebring attorney James Lobozzo Jr., who represents the clerk's office, wrote in a letter Wednesday, "because the documents requested by the news media were requested by the (Highlands County) Sheriff's Office and are part of an active criminal investigation, they are exempt." The News-Sun disagreed. An attorney who specializes in Florida's "government in the sunshine" laws agreed that Lobozzo's interpretation was invalid. "The record in this matter is clear that the News-Sun merely requested copies of the videotapes," James J. McGuire of Thomas & LoCicero, Tampa, said in his letter to Brooker. "Public records, such as videotapes, do not become exempt from public disclosure merely because copies of those records are provided to a criminal investigative agency." Despite the strong wording of McGuire's letter, the issue became moot late Thursday morning when Brooker announced that, based on research provided by Jamison, Wilson and Morgan, he was obligated to permit access. "After due consideration, I am convinced that the material in question are not exempt but are subject to the public records sunshine law," Brooker wrote in his letter to the News-Sun, acknowledging a renewed public records request submitted in writing and copied to Florida First Amendment Foundation, Gov. Charlie Crist's Office of Open Government and the Attorney General's sunshine lawyer. During their meeting, Jamison provided Brooker with Attorney General decisions. McGuire had cited case law supporting his challenge of Lobozzo's letter. Lobozzo cited Florida statute, but failed to bolster his position with case law or AG decisions. For more on this developing story, see Friday's print edition of the News-Sun.  What? (by: Fred - 8/9/2008) The public should be afraid to trust their local police? Unbelieveable!! I guess you can trust a criminal and call them when you're victimized. gas (by: dawn - 8/8/2008) kevin, your right the public has a right to know, who to trust and if it wasn't a county emp. they who show the pic's all over the news anyway , the public should be afraid to trust the local police or county works etc..... Hurry? (by: Johhny - 8/8/2008) Why couldn't it wait until the criminal investigation was over? I guess it doesn't matter if there's a possiblity of it ruining the case as long as the media gets their story! Video (by: Stylist - 8/7/2008) You go Kevin. Keep up the great reporting skills. You are truly the best reporter either newspaper has. You give us the facts - and that is what we need. Thanks, keep it up!! Wow! (by: Rich - 8/7/2008) Look at all the trouble you're causing there Kev!! Continue your good work my friend!  Small Banner AdsBusiness DirectoryFeatured PhysicianFeatured AutoFeatured AttorneyMarketplace AdsTile Ads
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