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Judge Rejects Bid To Shield Records In Teacher Sex Case
News Channel 8 Photo by ERIC HAUSMANN
Stephanie Ragusa in court on April 29.
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Published: May 7, 2008
Updated: 05/07/2008 04:31 pm
TAMPA - A circuit judge has ordered the public release of court documents regarding Stephanie Ragusa, a schoolteacher charged with having sex with two underage students.
Ragusa's attorney, Robert Herce, had filed court papers specifically asking that Circuit Judge J. Rogers Padgett withhold a recording of a conversation she had with a 14-year-old boy as well as a transcript of that recording.
Herce argued that in Florida all parties in a conversation must be aware that it is being recorded. Therefore, he argued, the recording was made illegally and should not be released.
Although the law allows surreptitious recordings by law enforcement and under law enforcement supervision, the 14-year-old was alone when the recordings were made, Herce argued in court today.
"The officer is nowhere around," Herce said. "He left the equipment and said 'See ya.' "
Herce also argued that media coverage of the case will make it more difficult for Ragusa to receive a fair trial, especially if more court records are released.
The papers he filed with the court included more than 20 newspaper articles and transcripts from television news broadcasts. Many of the TV broadcasts have been repeated several times on the airwaves in the form of newsbreaks, he said.
"There has been a substantial amount of pretrial publicity in this case," Herce said. "The way this case has been publicized, people would virtually have to shut themselves in their house, disconnect their TVs, turn off the radio and shoot the paperboy."
An attorney for The Tampa Tribune and News Channel 8 had filed a written argument for release of the court records and was in court to argue their case. Padgett denied Herce's request before he had to make the argument.
Padgett said Hillsborough County has been home to several high-profile cases and the courts here have never had a problem seating a jury.
Documents and transcripts should be available Thursday.
Padgett did grant a request by Herce to withhold temporarily photographs related to the case. Out of nine photographs, Padgett ruled that three are too graphic to be released. The other six with be held for 60 days, then released.
Outside the courthouse, Herce said he will probably ask for another hearing, before the 60 days are up, so he can again ask to have the pictures withheld. He declined to explain why.
Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.
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