Witness statements a University of Central Florida staff attorney took from Ereck Plancher’s teammates shortly after he died may soon become public — even though UCF has fought to keep them secret after they were requested by the Orlando Sentinel, ESPN and KnightNews.com.
VIDEO ON DEMAND: Day 6: Anthony Davis | Keith Tribble | Cody Minnich | Live Trial Stream
Only UCF and its private athletics corporation know what all of the witness statements say about those controversial final moments of Plancher’s life, which have been heavily disputed. Even Knights Athletic Director Keith Tribble changed his account of the intensity of Plancher’s final workout after he learned initial information he was provided was inaccurate, according to his testimony.
While it’s unclear exactly what new information would arise if the witness statements are released, one thing is certain: UCF lawyers did not want the Plancher family lawyers to see them and successfully blocked a pretrial motion made to try and force them all to be released. But new circumstances in the Plancher trial could now open the door to the release of even the secret statements the defendant didn’t plan on using during the trial.
Under Florida’s public record law, which promotes transparency in government, UCF is required to release virtually any record it creates or maintains, unless the state agency can explain in writing why a requested record is exempt. When UCF refused to release the players’ witness statements to KnightNews.com, it cited an exemption to Florida’s public record law allowing state agencies to withhold records prepared in anticipation of imminent litigation “until the conclusion of the litigation.”
But last Monday the litigation against the UCF Board of Trustees concluded when the Plancher lawyers announced the family dropped the lawsuit against the UCF state agency, leaving the only remaining litigation against the private athletics corporation UCF hires to run its football program — apparently ending the exemption UCF cited when withholding the statements from the media.
Because it appears the exemption to Florida’s public record law UCF claimed no longer applies, KnightNews.com sent UCF General Counsel Scott Cole and UCF spokesman Grant Heston an email Friday morning officially renewing the public record request for the secret witness statements depicting Plancher’s final moments. According to the public record law, UCF is required to respond by releasing the records; or by citing a Florida statute which allows the state agency to withhold the records, along with UCF’s reasons for concluding it applies.
Heston responded on behalf of the state agency Monday morning by writing, “I have your request and will let you know what I hear.”
KnightNews.com responded to Heston, letting him know that KnightNews.com is prepared to pay any reasonable fees UCF requires in order to produce some or all of the statements. Check back for updates on this potentially major development in the Plancher case. KnightNews.com will update this story when UCF issues its final response.
Live video of Ereck Plancher trial, when available:
[ Copy this | Start New | Full Size ]
