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Judge Scolds Sierra About Talking To Media

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By JOSH POLTILOVE, The Tampa Tribune

Published: January 11, 2008

Updated: 01/10/2008 11:12 pm

TAMPA - A Hillsborough County Circuit Court judge granted former "American Idol" finalist Jessica Sierra a travel permit for up to 45 days so she can get treatment in California, but he also scolded her and ordered her to clam up around the media.

After being released from jail Wednesday, Sierra spoke with reporters. The conversation came after Judge Daniel Perry told her he didn't want to see her giving interviews or appearing on television.

On Thursday, she had to reappear in court. Perry said he was not happy with her and ordered her to stay at least 100 yards away from microphones and cameras.

He also said he heard she had a picture taken with a fan Wednesday.

Microphones are a magnet for Sierra, Perry said.

"You are not a celebrity; you are a drug addict," he said.

One lawyer later questioned the judge's approach.

Lawyer Jim McGuire said ordering Sierra away from the media likely violates her first amendment rights.

"The thing that's funny about it, off the top of my head, is she's not in control of the microphones and cameras," said McGuire, who represents the Tribune. "If you walk up to her with a microphone, has she violated the judge's order?"

Perry agreed Monday to send Sierra for a yearlong stint at an in-house drug treatment center in California, to be followed by three years of probation.

Sierra walked out of Falkenburg Road Jail on Wednesday expecting to meet with her probation officer and be taken to Tampa International Airport by her father to fly to California.

She had been in jail since Dec. 1, when she was arrested in Ybor City on charges of disorderly conduct and resisting an officer without violence.

The arrest also constituted a violation of Sierra's probation. She had been arrested in April at a Hyde Park nightclub and charged with felonies for throwing a glass at a patron and possessing cocaine.

After her release Wednesday, Sierra learned she wouldn't be able to travel to the recovery center.

Although it is prepared to admit her, the California Department of Probation will not accept her transfer on an emergency basis, said Hillsborough County Assistant State Attorney Pam Bondi. The department will consider a transfer on a nonemergency basis, which could take 45 days.

As a result, Sierra needed to reappear in court. Perry granted her the travel permit Thursday but said that if California officials do not allow her to stay there, she will have to come back.

Perry also asked about Sierra's pregnancy.

Her attorney, John Fitzgibbons, said the pregnancy would not matter to the treatment center. "Their professionals know how to handle this," he said. "It's not unusual for them."

Treatment at the Pasadena Recovery Center would include psychiatric care, medical care and 24-hour supervision, Fitzgibbons said.

"There's no place around here like this place," Fitzgibbons told Perry. "This is an opportunity of a lifetime for her."

Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.

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