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Van Ostenbridge to Plead the 5th in Public Records Suit Deposition

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BRADENTON – Attorneys for Manatee County Commissioner Kevin Van Ostenbridge have petitioned the court for a protective order that would prevent their client from being deposed in a pending civil suit regarding his alleged failure to comply with a public records request, indicating that the commissioner will take the 5th amendment so long as an ongoing FDLE investigation into the matter remains open.

Attorneys Morgan Bentley and Amanda Kison, representing Van Ostenbridge, filed the motion for a protective order Monday, regarding the suit filed by public records activist Michael Barfield. The attorneys claim Van Ostenbridge has produced all requested records and that the investigation by the Florida Department of Law Enforcement would necessitate their client taking the 5th. The attorneys also claim that while the case regards public records, the scope of the deposition includes Florida's Government in the Sunshine Law, which they say is outside the scope of the suit.

"Defendant Kevin Van Ostenbridge, respectfully requests that this Court enter a protective order prohibiting the taking of his deposition, or in the alternative, requiring that the deposition be taken after the conclusion of the FDLE investigation with limiting as to the scope of questioning to be allowed," the motion (click here to view) concludes.

This week, the shadowy group "Concerned Citizens of Manatee" took on the issue, sending out mass emails with Barfield's personal cell phone, urging Manatee County Republicans to "stop the witch hunts he’s coordinating against our true Conservative Republican County Commissioners."

When reached for comment, Barfield seemed unfazed.

"Anyone who looks at my history will see that I've gone after Republicans, Democrats, independents, it doesn't matter," said Barfield. "This has never been about politics for me. It's about good government and elected public officials being held to account for violating our state's public records laws."

Barfield said that the email, which seems to have been sent exclusively to registered Republicans, has created about a 50-50 response among those who've reached out.

"It's a pretty even split," said Barfield. "About half of the people who've contacted me said pretty much what the email suggested, but there were just as many who've said, Hey, I'm a Republican and wrong is wrong. Keep doing what you're doing to hold these people accountable."

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