Jax Public Defender accuses State Attorney’s Office of violating confidentiality in Shelby Farah trial

Shelby Farah

The Shelby Farah murder trial has become an increasingly heated conflict between Public Defender Matt Shirk and State Attorney Angela Corey.

A major issue is the decision of Bernie de la Rionda in the State Attorney’s Office to show the surveillance video of the telephone store clerk’s slaying to her brother, Caleb.

Shelby Farah’s mother Darlene Farah was vehemently opposed to that. Her wishes apparently were ignored and the video was shown to Caleb without appropriate, statutorily required consent.

Public Defender Shirk commented, “In their relentless pursuit to secure another death penalty conviction, the State Attorney’s Office has already shown they are willing to ignore the victim’s family, and now it appears they are comfortable violating Florida statute in that pursuit. We will continue to seek fair justice for our client while continuing to honor the victim’s mother’s wishes.”

Assistant Public Defender Debra Billard, in a three-page letter, described the defense’s contention that the SAO had no authority to show the video to Caleb.

“The video surveillance you displayed to Caleb and Darlene Farah and Scotty McGee is unequivocally a video that depicts the killing of a person, as defined by Florida Statute S. 406.136(1). Video recordings that depict the killing of a person are expressly deemed to be confidential and exempt from public records under Florida law, with the exception that allows the surviving spouse, parent or adult child to view or copy such a recording,” Billard wrote.

“In fact, only a surviving parent (in instances in which there is no surviving spouse and no written designation from the parent authorizing another to view it) has authority to view or obtain such records. S. 406.136(3)(a).”

To sum up their position, Darlene Farah had sole authorization to view the video, and it was not granted to son Caleb.

“The uncontradicted witness testimony from March 21, 2016 establishes that the State Attorney’s Office intentionally showed the video to Caleb Farah and Scotty McGee, unauthorized persons,” Billard continued.

“When a custodian of record violates any confidentiality provision concerning recordings of the killing of a person, he or she commits a felony of the third degree, punishable by up to five years in prison,” Billard added, before getting personal.

“Frankly, I am disturbed to think that you would have considered violating a clearly written Florida Statute and, as a result, attempted to justify your desire to have Mr. Rhodes killed by citing the opinions of Caleb Farah.

“I can think of no blow more foul than violating not only Florida law, but also the memory of Shelby Farah. I fear, with the heated emotions produced by this tragic case, that the State Attorney’s Office has lost sight of Justice Sutherland’s exhortation that the job of a prosecutor is not to secure a ‘win,’ but see ‘that justice shall be done.’ There is nothing unjust about Mr. Rhodes acknowledging responsibility and remaining imprisoned in the secure custody of the State of Florida until he dies of natural causes,” Billard wrote.

The Public Defender’s Office, Billard continued, is contemplating how best to appropriately handle the issue.

We also secured comment from the SAO.

“Assistant State Attorney Bernie de la Rionda received the letter late Wednesday afternoon. Mr. de la Rionda is in the process of filing a formal response to this letter.  Further comment will be made in the appropriate venue – the courtroom,” wrote spokeswoman Jackelyn Bernard Thursday afternoon.