JUDGE BLOCKS NEWSPAPER'S USE OF UNDERCOVER OFFICER'S NAME

Deputy's Life At Risk, Attorney Argues

BARTOW - A circuit judge Thursday granted a temporary injunction
prohibiting The Ledger newspaper from publishing the name of an
undercover Polk County deputy who shot and killed a man during a drug
raid last month.

Attorney Hank Campbell, representing Polk Sheriff Lawrence Crow and
Deputy "John Doe," filed a motion at 4:30 p.m. seeking the temporary
restraint.

Circuit Judge Charles Curry ordered a full hearing be held within five
days on whether a permanent injunction will be granted.

The Ledger, based in Lakeland, notified Crow Thursday morning that it
had learned the identity of the undercover deputy and intended to
publish his name in an article today, Campbell told Curry in a hearing
at 5 p.m.

On July 26, a drug task force composed of deputies and Lakeland and
Winter Haven police surrounded a mobile home and shed in Lakeland.
They had a search warrant.

Jason Michael Britt, 22, who lived in the shed behind his mother's
mobile home, kicked open the door of the shed and, brandishing a
baseball bat over his head, advanced on the undercover detective,
sheriff's reports said.

Deputies shouted to Britt to drop the bat, but he continued to
approach the detective, who fired one shot from his .45-caliber
handgun, the reports said.

The sheriff's office and the state attorney's office are investigating
the shooting.

The deputy was placed on administrative leave and underwent a
psychological evaluation but is back doing undercover work, sheriff's
Col. Gary Hester testified Thursday.

Campbell told Curry the undercover deputy and the deputy's family face
risk of harm. Any ongoing investigations also would be damaged, he
said. If the deputy's name is disclosed, which it will be when he is
no longer working undercover, the sheriff's office can make plans to
remove him from danger, Campbell said.

Tampa lawyer Jim Lake of Holland & Knight, which represents The
Ledger, argued via a telephone conference call that courts on numerous
occasions have stricken down prior restraints.

"This is an extraordinary request for relief," he said. "We contend
the sheriff's office has not shown the extreme likelihood of serious
injury that warrants that extraordinary relief."

Hester said in testimony that when he worked undercover, "My home was
shot up with my wife and infant child in it."

In granting the temporary injunction, Curry said, "If this court is
going to err, it's going to err on the side of protecting human life."

Ledger Executive Editor Louis "Skip" Perez said Thursday night,
"We are hopeful that this will be resolved in our favor soon because
there's not a precedent in our country's legal history for ordering a
newspaper to not print something."

In a news release issued Thursday, Crow said: "I am absolutely at a
loss to explain why The Ledger will be printing this detective's name.
It serves no purpose, other than a tabloid fascination with creating
controversy."

If The Ledger prints the undercover officer's name, Crow said he will
ask the Florida Sheriffs Association, the Florida Police Chiefs
Association and other law enforcement agencies to join in a
legislative effort to have criminal penalties imposed against anyone
who knowingly prints the name or other identifying information about
any undercover officer.