DBR on Brian Andrews

Julie Kay covers the Brian Andrews story in today's DBR. Here's a snippet:

Prosecutors asked a Miami federal judge Thursday to investigate how a South Florida television station obtained a government video of an alleged ringleader of the “Miami Seven” discussing possible terrorist attacks on high-profile buildings. The government made its request one day after U.S. District Judge Joan Lenard refused a defense attorney’s attempt to block WFOR-TV from broadcasting portions of the video for a news story late Wednesday. In court papers, Assistant U.S. Attorneys Jacqueline M. Arango and Richard E. Getchell said the videos were supposed to be part of a sealed record. They asked the judge to conduct a hearing to determine whether a sealing violation had occurred. ***

After learning of the television station’s plans to air portions of the videos Wednesday night, Batiste’s attorney, Ana Jhones of Miami, filed a request for a temporary injunction to prevent the broadcast. “The extent of the discovery obtained is unknown; however, undersigned counsel learned that CBS News obtained all of the video and perhaps some of the audio that have been generated by the government in this case,” Jhones said in her motion. “Undersigned counsel is unsure as to how CBS News obtained this discovery, which is not a matter of public record.” Jhones did not return calls seeking comment before deadline Thursday. None of the other defense attorneys joined in Jhones’ request. Miami criminal defense attorney Gregory Prebish declined to say whether Jhones asked him to join the request to keep the video off the air. Prebish, who represents Augustin, said he is angry that the TV station aired the tapes, particularly since he says the defense attorneys haven’t received all the tapes and discovery yet. The reason: The lawyers, all government-appointed, have not gotten approval to buy the tapes and cannot afford them. “We don’t even have these tapes yet, due to budgetary problems,” said Prebish. “The costs of the tapes are exorbitant.” He declined to state the exact cost. Brian Andrews, a reporter for the station, obtained dozens of discs which contain surveillance video made by federal undercover agents during their investigations.

Train wreck

So, Narseal Batiste, the supposed leader of the Miami Seven has written a 25 page letter to Brian Andrews at Channel 4. Brian Andrews has been the center of controversy in this case before regarding leaks and he is stirring the pot again. The letter will look familiar to defense lawyers -- we see these sorts of letters all the time. But for it to be sent to the press... well, that's a little unique. I'm sure Batiste's lawyer, Ana Jhones, isn't having a happy morning.

Here is the letter. (It's actually addressed to Brian Adams, but I doubt he meant him.). Here is the Channel 4 story about the letter.

Leaking...

Narseal Batiste's new appointed lawyer, Ana Jones, came out swinging today -- filing an emergency motion to keep Channel 4 from running a story about the video and audio clips from the discovery in the Miami 7 "terrorism" case. Reporter Brian Andrews, during the story, says that Channel 4 obtained over 20 CDs containing the video, audio, and still pictures. The story doesn't say how he got this material, but this (copying numerous CDs) is usually the way the Government discloses discovery to the defense. I can't imagine the defense gave these materials to the press, so I leave it to you to figure out who did.

I haven't seen Jones' motion, so I don't know the grounds she alleged to keep the news from running a story, but Judge Lenard denied the motion from the bench and the story ran tonight on Channel 4. Here it is. The video is on the right side of the page. Or click here.

UPDATE -- perhaps I spoke too soon. After this report aired, the Government filed a motion asking Judge Lenard to conduct an inquiry as to who on the defense leaked the discovery. The motion says that it did not leak and that the copy service has only released the discovery to the defense lawyers... I still say no way the defense leaked. So based on the Government motion, I predict the copy service, despite its protestations, made a mistake and distributed it.