Motion to be heard

IN THE SUPREME COURT OF FLORIDA

NO. SC06-2391

IAN DECO LIGHTBOURNE, et al.,

Petitioners,

v.

CHARLES CRIST, Attorney General

for the State of Florida,

and JAMES MCDONOUGH, Secretary,

Florida Department of Corrections,

Respondents. /

MOTION FOR OPPORTUNITY TO BE HEARD

COMES NOW, IAN DECO LIGHTBOURNE, et. Al., , Petitioners, by and through undersigned counsel and moves this Court to allow him the opportunity to be heard and as grounds therefore asserts:

1. On December 14, 2006, Petitioners filed a Petition Seeking to Invoke this Court’s All Writs Jurisdiction declare that the State of Florida’s current lethal injection procedures violate Eighth Amendment to the U.S. Constitution and the corresponding provision of the Florida Constitution, enjoin Respondents and their agents from conducting the autopsy of Angel Nieves Diaz or in the alternative allow Petitioner’s designated representative to attend the autopsy, order the Respondents to produce for immediate inspection and copying all records previously requested by Petitioner Lightbourne and requesting an evidentiary hearing.

2. This Court entered an order requiring Respondent’s to respond by 11:30 a.m. on December 14, 2006, but precluding Mr. Lightbourne from filing a reply.

3. At approximately 12:30 p.m., undersigned received the Respondent’s Response to Emergency All Writs Petition.

4. Petitioners respectfully requests that this Court allow him the opportunity to be heard based on the State’s incorrect factual assertions.

5. With regard to the "public records component," the Respondent asserts that Mr. Diaz never requested Mr. Diaz’s medical records. Besides missing the point that regardless of a request by Mr. Diaz, counsel and/or Mr. Diaz should have been notified that the Respondents anticipated difficulties with the administration of the lethal injection protocol, Mr. Diaz did request medical records and was prepared to present a medical release. Mr. Diaz requested:

Any and all files, records, reports, letters, memoranda, notes, drafts, electronic mail and/or files, and all other records (regardless of form) in the custody and/or control of your department relating to your department's control and/or treatment of:

Angel Diaz, W/M DOB: 08/31/51, a.k.a Alfredo Diaz, Alfredo L. Diaz, Emilio Diaz, Jose L. Diaz, Olfredo Diaz, Papo Gualdalupe, Papo La Muerte, Angel Nieves Diaz, Jose Luis Diaz, Angel L. Dieque, Alfredo Guadalupe-Diaz, Alfredo Guadalupe, Angel M. Nieves, Papo, Emilio Baez.

The request encompassed medical records and had counsel been given due process and access to the courts, his request would have been properly litigated and a release would have been produced.

6. Mr. Lightbourne has not made an assertion that he has requested medical records. Mr. Lightbourne has asserted, that like Mr. Diaz, he has been shut out of access to any public records pertaining to lethal injection. Likewise the named petitioners who have requested the same requested are repeatedly denied access to the records pertaining to lethal injection.

7. The Respondent’s do not address the obvious point here that the procedures surrounding the development and administration of lethal injection in the State of Florida continues to be shrouded in secrecy. This is not open government.

8. In addition to its response to the Emergency All Writs Petition, Respondent filed an Emergency Motion to Preserve Evidence, requesting that blood be drawn to preserve the evidence for the autopsy as soon as possible. Provided that the Respondent’s representations are true, that the blood draw is all that will proceed until this Court rules, Petitioners have no objection to the blood draw.

8. At its core, due process means that a party has an opportunity to be heard. In light of the State’s new arguments submitted this morning, Petitioner’s must be allowed to be heard.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing has been furnished via facsimile and U.S. Mail to Carolyn Snurkowski, Assistant Attorney General, Office of the Attorney General, The Capitol, Tallahasse, Florida, 32399-1050 this 14th day of December 2006.

___________________________

SUZANNE MYERS KEFFER

Assistant CCRC

Florida Bar No. 0150177

Capital Collateral Regional

Counsel - South

101 NE Third Avenue, Suite 400

Ft. Lauderdale, FL 33301 (954) 713-1284