IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶
CA FLORIDA HOLDINGS, LLC, Publisher of the PALM BEACH POST,¶
Plaintiff,¶
v. CASE NO.: 19-CA-014681¶
DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.¶
Defendants.¶
STATE OF FLORIDA COUNTY OF PALM BEACH¶
AFFIDAVIT OF DAVID ARONB #4:10¶
Before me, the undersigned authority personally appealed DAVID ARONBERG, being first duly sworn, states:¶
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- My name is David (Dave) Aronberg, and I am the State Attorney for the Fifteenth Judicial Circuit/Palm Beach County, Florida, since 2013, and a Defendant in the above-captioned matter.
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- Plaintiff is seeking declaratory relief, pursuant to Fla. Stat. 90521(1)(c) and the Court’s inherent authority, allowing Plaintiff access to the testimony, minutes, and other evidence presented in 2006 to the Palm Beach County grand jury, (the “Requested Materials”), and to use those materials for the purpose of informing the public.
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- Despite Plaintiff’s above-described action for declaratory relief, neither myself nor the Office of the State Attorney for the Fifteenth Judicial Circuit, (“SAO”), is in control, custody, or possession of the Requested Materials.
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- As such, the declaratory relief sought by the Plaintiff seeks materials that are impossible for me or my office to produce.
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- To be clear, neither myself nor the SAO has the legal authority to obtain and deliver the Requested Materials.
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- I have repeatedly made these facts evident to the Plaintiff and the public through not only the pleadings and correspondence in this matter, but also through an office press release and my public social media accounts.
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Despite the contentions of Plaintiff, neither myself nor the SAO has the authority to demand that the Clerk grant the SAO access to grand jury materials after a criminal case has concluded.
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Moreover, during my administration, neither myself nor my office has accessed grand jury materials from the Clerk’s office in this or any other instance.
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As provided in section 905.17(1), Florida Statutes (2020), the Clerk has sole custody and possession of the Requested Materials, which can only be released by the Clerk pursuant to an order of the Court.
FURTHER AFFIANT SAYETH NAUGHT.¶
By:¶
STATE OF FLORIDA COUNTY OF PALM BEACH¶
Sworn to and subscribed before me this 30{sup}th day of July, 2020, by DAVID ARONBERG, who is personally known to me or has shown _____ as personal identification.¶
Notary Public¶
Notary’s Stamp or Seal¶
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