Joe Francis - 'Girls Gone Wild' DVD creator denied sealed motion

September 14, 2007 - David Angier

Circuit Judge Dedee Costello on Friday denied Joe Francis’ request to have a bond motion sealed from public inspection. 

Francis, 34, the “Girls Gone Wild” founder and CEO, is charged with two counts each of using and conspiring to use minors in a sexual performance. He faces up to 40 years in prison if convicted as charged. 

The charges stem from the filming of two 17-year-old girls performing sex acts in a Panama City Beach motel shower during Spring Break 2003. 

Francis was once charged with 43 offenses from 2003, but Costello tossed most of the charges after throwing out all the physical evidence collected under a flawed search warrant. 

He also faces a charge from April of smuggling contraband — prescription medication — into the Bay County Jail. 

Francis has been in jail since April, first serving a 35-day sentence for contempt of federal court and now being held in Nevada awaiting trial there on a charge of tax evasion. There is a detainer from Bay County circuit court that would hold Francis in jail until he goes to trial on his charges here. 

His lawyers have asked Costello for bond twice since April and she has denied them both times. Her first order was appealed and upheld by the First District Court of Appeal. 

Last month, Francis fired the lawyers that were on the case from the beginning and brought in Miami attorney Roy Black. Black’s first action was to ask Costello to allow him to file another motion for bond, but under seal so it would not be released to the public. 

Costello denied that request Friday. 

“Defendant seeks to file a motion to re-instate bail based on issues relating to defendant’s mental health,” she wrote in her order. “The court agrees with the state in that defendant is placing the matter of his mental health at issue. Defendant himself wishes to produce his mental health records and attach them to his motion. The court notes that defendant could file the motion without attaching any medical records if defendant so desires.” 

[ Open Letter to Joe Francis ]