VOLUSIA COUNTY, Fla. —- A judge Monday morning denied confidentiality for a court case involving two Daytona Beach Shores police officers who are accused of bringing their toddler into a jail cell on two consecutive days in October to discipline him for not being potty trained.

Sgt. Jessica Long and Lt. Michael Schoenbrod allegedly brought their child into the jail cell on October 5 and 6, according to our news partners at the Daytona Beach News-Journal, which first broke the story late last month. 

Schoenbrod reportedly told child protective investigators with Florida’s Department of Children and Families (DCF) that he briefly placed his child in handcuffs at the jail, according to video footage viewed by Spectrum News 13’s Watchdog team. 

That video footage was captured on body camera worn by deputies with the Volusia County Sheriff’s Office, which has since cited a mysterious court order preventing the agency from re-releasing the footage again as a public record. The footage was previously released to the News-Journal and to Mark Dickinson, a former South Daytona police officer who now performs “First Amendment audits” under the moniker James Madison Audits. 

The city of Daytona Beach Shores also cited a court order in response to questions from Spectrum News late last month, saying “a court order that was issued to the city” prevented them from providing any information about the case. 

However, on July 12, the Volusia County Clerk of Court told Spectrum News via email there was no order entered in the case yet. 

Even if there were a court order granting confidentiality of an entire court filing, it would still need to be published, per Florida law. “All sealing orders must be published to the public,” according to a 2007 Florida Supreme Court opinion addressing what’s known as “supersealing” of court records, including court dockets. 

That means, even in rare cases when blanket confidentiality of an entire court file is granted, the court order actually granting said confidentiality needs to be made public. 

But for months now, the court file involving Schoenbrod and Long has been completely sealed from the public, including the entire court docket. 

It’s an issue Michael Barfield at the Florida Center for Government Accountability (FLGCA) says he sees happening a lot across the state — despite Florida’s legal presumption of open records access.

“There are legitimate reasons to seal court records or withhold court records, but in Florida, those exemptions are limited in scope and very narrowly applied,” Barfield said. “(Exemptions) have to meet a rigorous standard. It's not subjective. It is objective.”

Barfield said although Florida statute allows some information to be withheld from public disclosure — such as trade secrets, the identity of a minor child or a law enforcement officer’s home address — those are exemptions to the law, not the default.

“We start with the presumption that all records are open,” Barfield said. “It's not the default of, ‘Well, everything's private, until someone proves that it should be released.’ No, it's the reverse. Everything is presumed open, and it's on the burden of that person who wants confidentiality to come forward with sufficient legal and factual reason.”

Generally, after someone files a motion or request for confidentiality in a court case, there must be a public hearing held within 30 days to determine whether or not confidentiality should be granted, according to the 2007 Florida Supreme Court opinion.

But according to the Volusia County Clerk of Court, Schoenbrod and Long filed their motion for confidentiality back on April 3 — more than three months ago.

“You are correct that the rule calls for an order within 30 days and indeed that time has lapsed,” the Volusia Clerk of Court confirmed to Spectrum News in an email.

Monday’s hearing arose from an expedited motion to determine confidentiality, which FLCGA filed June 30. Last week, the Daytona Beach News-Journal joined in on that motion.

On Monday, Judge Mary G. Jolley ruled against the officers’ request for confidentiality of the entire case, ruling instead to only seal specific information that is statutorily exempt from public disclosure. 

Still, as of Monday afternoon, the entire case remained sealed from public view. 

The Volusia Clerk of Court told Spectrum News it is awaiting a signed order directing the clerk what to keep confidential about the case, and what to publicly release.

According to a signed memo provided by the city of Daytona Beach Shores, Schoenbrod was placed on administrative leave July 3, pending an internal investigation. Spectrum News asked the city to confirm the status of any investigation into Long, the other officer, and is still waiting on a response.

Barfield says it's critical for members of the public to know that they have the right to seek and be provided information from their government. 

“I think it's so important these days, with the ubiquity of information that's out there in the streams, to be able to separate fact from fiction,” Barfield said. “And the only way that I know to do that is to get access to the records and information, so people can make up their own minds about whether their government is being effective or not.”