Sarasota judge likely to inspect content police obtained from Christian Ziegler's phone

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A Sarasota judge may inspect materials Sarasota police sent to State Attorney Ed Brodsky’s office related to the police department's criminal investigation into former Florida Republican Party Chairman Christian Ziegler over an alleged sexual battery and potential video voyeurism.

Sarasota Circuit Judge Hunter Carroll issued the interim order on Wednesday, less than a week after he heard arguments regarding an injunction request filed by Christian Ziegler and his wife, Sarasota County School Board member Bridget Ziegler.

It is unclear when Carroll will rule on the injunction request, but the order indicates Carroll will likely need to review the materials police obtained from Christian Ziegler's phone during their investigation to decide whether to grant the injunction. The State Attorney’s Office officials will need to deliver a notebook they had at last week's hearing straight to Carroll’s judicial assistant, according to the brief order.

The injunction aimed to protect records seized during an October investigation from disclosure after Christian Ziegler was accused of rape by a woman he’d known for years. The allegation stemmed from a planned three-way sexual encounter between Christian Ziegler, the alleged victim and Bridget Ziegler, who wasn't able to attend.

Sarasota police didn’t file rape charges against Christian Ziegler but asked the State Attorney's Office in January to review a related investigation into potential video voyeurism by Christian Ziegler. The prosecutor's office announced March 6 that it wouldn’t file charges.

Michael Barfield, The Florida Center for Government Accountability and news media groups including Gannett Co. Inc, the parent company of the Sarasota Herald-Tribune, argued that the materials in the investigative file are public record and should be released under Florida’s public records law.

The attorneys previously filed a motion to dismiss the injunction, stating it was "overbroad" and called for it to be modified to allow the release of records — Christian Ziegler's text messages, his Google Drive and Instagram account — contained in the investigative file.

Barfield argued during the May 16 hearing that Florida's Chapter 119 statute states all records are open to the public. He added that Florida law doesn't authorize the right to privacy to be elevated above the public's right to know.

Gabriela Szymanowska covers the legal system for the Herald-Tribune in partnership with Report for America. You can support her work with a tax-deductible donation to Report for America. Contact Gabriela Szymanowska at gszymanowska@gannett.com, or on Twitter.

This article originally appeared on Sarasota Herald-Tribune: Christian Ziegler privacy request may hinge on Sarasota judge's review