7

want to bend over and ask him a question from time to time.
THE COURT: I’m going to allow him to sit
there. And we might reach the point where maybe there’s an
amendment to the pleadings to reflect the proper parties.
 
MR. MERRETT: Secondarily, Your Honor, Mark
Bunker who is a party and who is also a web journalist with
LMT Media is present today in the gallery and brought with
him a video camera and was asked by your bailiff to remove
it.
 
I have not received a motion or an order
relating to the exclusion of cameras from the courtroom.
It’s my understanding that the noise level of the camera is
within the limits set by the supreme court in their rule
regulating the use of cameras in the courtroom.
 
As I’m sure the Court is aware, the presumption
and the absence of the motion and hearing is that recording
devices are permitted in Florida courts due to Florida’s
historic attachment of openness of court over and above
that --
 
THE COURT: I take it, then, you are familiar
with the St. Petersburg Times v. Penick?
 
MR. MERRETT: I am familiar, Your Honor.
 
THE COURT: I am too. And the way we’ve
conducted proceedings here, if somebody can prove to me
that they are a duly member of the media, I don’t have any

7