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Court Backs Open Hearing In Sexual Predator Case

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MIAMI (CBSMiami/NSF) - A South Florida appeals court has rejected arguments by a sexual predator that a court proceeding involving his civil commitment should be closed to the public and news media.

The 4th District Court of Appeal upheld a Broward County circuit judge's ruling on the issue raised by Corey Lake, who was committed as a sexually violent predator under the state's Jimmy Ryce Act after serving prison time for crimes committed in 1995.

A civil-commitment center in January submitted an annual progress report recommending that Lake continue receiving treatment. Lake, however, sought his release, and a trial was scheduled for January 27th.

After finding out that a television station planned to cover the proceeding, Lake's attorney argued it should be closed because a state law protected the disclosure of treatment records.

The television station intervened in the case and the circuit judge denied Lake's request to close the proceeding.

A three-judge panel of the appeals court agreed, saying the Legislature "has not provided for absolute confidentiality of the treatment records" of sexual predators.

"To the extent Lake relies upon his right to privacy, as a sexually violent predator committed for treatment, Lake does not have the same expectation of privacy of an ordinary citizen in his medical records,'' said the appeals-court decision, written by Judge Robert Gross. "The treatment center's report is mandated by statute. Lake has chosen to challenge the recommendation that he continue treatment and to have a trial on the issue. Lake's limited privacy interest in the treatment record is dwarfed by the strong presumption of openness in court proceedings."

The News Service of Florida contributed to this report.

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