Pubdate: Sun, 06 Oct 2002 Source: Orlando Sentinel (FL) Copyright: 2002 Orlando Sentinel Contact: http://www.orlandosentinel.com/ Details: http://www.mapinc.org/media/325 Author: Pedro Ruz Gutierrez, Sentinel Staff Writer BUSH DAUGHTER'S LAWYERS REQUEST PRIVATE HEARINGS Lawyers for Noelle Bush, Gov. Jeb Bush's daughter, are asking an Orange County judge to close her future drug-court hearings to the public. Citing an Orange County judge's recent ruling that found a patient's privacy rights outweigh law-enforcement concerns, Noelle Bush's lawyers are seeking to shut the public and the media out of her regularly scheduled drug-court status hearings. "This harsh glare of the public scrutiny is the exact evil that both Congress and the Florida Legislature sought to remedy by enacting broad confidentiality provisions to protect substance abuse patients," wrote Tallahassee attorney Peter Antonacci, one of three lawyers defending Noelle Bush, 25. Authorities and legal experts said Antonacci's move is unprecedented but not entirely unexpected. Stan Talcott, dean of Barry University's School of Law in Orlando, said Antonacci may have a hard time convincing a judge because of Florida's strong public-access laws. "The balance generally tips quite heavily toward keeping court proceedings open," Talcott said. According to an eight-page motion filed on Friday by Antonacci, Noelle Bush's case is the "perfect example of why the state and federal confidentiality provisions are both wise and necessary." The motion to close drug-court proceedings is the latest in a series of legal battles at the Orange County courthouse that have tested the extent of criminal investigations at drug clinics against drug offenders' rights. On Sept. 30, Orange Chief Circuit Judge Belvin Perry Jr. ruled that privacy laws do not compel drug-treatment workers to testify in drug-possession cases. In that case, the Orange-Osceola State Attorney's Office had subpoenaed four Center for Drug-Free Living employees to testify about reports that Noelle Bush had crack cocaine on Sept. 9. That day, other residents at the Orlando drug facility where she is being treated called police to report that workers had found her with about 0.2 grams of crack cocaine in one of her shoes, according to a police report. A Center for Drug-Free Living employee subsequently gave a written statement to a police officer, only to rip it up under instructions from her boss. Perry's ruling on the motion to compel the workers to testify is on appeal by the State Attorney's Office. Friday's filing also tests the legal boundaries of drug courts, which are diversion programs meant to help first-time drug offenders rehabilitate. "Unfortunately this happens to be the governor's daughter, and we're trying to figure out what the drug-court operating procedures are," said Randy Means, a State Attorney's Office spokesman. "There are some questions now that have never been asked before, and they need to be answered." The governor's office has maintained that the Noelle Bush case is a private matter. Katie Muniz, spokeswoman for the governor, on Saturday said Bush would not comment on Antonacci's motion. Karen Leavey, director of communications at the Orange County Courthouse, on Saturday said drug offenders' medical treatment is not typically discussed in drug-court status hearings. Leavey said previous drug-court proceedings for Noelle Bush and other drug-court participants have been open to the public. "Those are open, and the theory behind it is that persons get to see someone succeed," she said. Leavey said Circuit Judge Reginald Whitehead, who oversees the county's drug-court program, may decide to schedule a hearing this week on Antonacci's motion. David Bralow, an attorney representing the Orlando Sentinel, said Noelle Bush's lawyers want an exception to the rule. "They're trying to have a secret trial for Noelle Bush," Bralow said. "If they are right, what happened to all the people who have been through drug court? . . . It seems to me they are asking for something that no one else has had." - --- MAP posted-by: SHeath(DPFFlorida)