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Judge to decide fate of Latin Kings tapes

By COLLEEN JENKINS
Published September 1, 2006

TAMPA - Prosecutors say they have video and audio recordings of Latin Kings gang members beating one of their own.

But attorneys for one accused gang leader don't think the media should get copies.

On Thursday, an attorney for Michael Victor Lugo asked Circuit Judge Daniel Sleet to review the tapes the defense wants sealed.

"The continuing and pernicious media coverage of this case jeopardizes Mr. Lugo's ability to receive a fair trial in Hillsborough County," defense attorney DeeAnn Athan wrote in her motion.

Attorneys for the St. Petersburg Times and the Tampa Tribune intend to argue that the recordings should be made public.

The tapes are part of the investigative records in Lugo's case, known as discovery documents. Once prosecutors give them to defense attorneys, as they have in this case, they are considered public records.

Lugo, 28, faces charges related to the kidnapping and beating of Alexander Valdez, an accused gang member in Town 'N Country. The beating occurred after a May 20 "trial," part of the disciplinary action within the Latin Kings organization, prosecutors said.

There are nearly five hours of video, Assistant State Attorney Christine Brown said at Thursday's hearing.

Athan scheduled the motion to be heard Thursday morning but did not alert the newspapers' attorneys as required by Florida case law.

Sleet postponed the hearing until Sept. 26, noting it would be held within 30 days of the Times' public records request.

However, Florida public records law states that delays in releasing public records are allowed only to give the custodian - in this case, the State Attorney's Office - time to delete the portions that are exempt under law. The law says nothing about a 30-day window.

In a motion filed Thursday, Tribune attorneys requested an immediate hearing on the issue.

[Last modified September 1, 2006, 05:50:44]