Gene Nichols is wrong. Not only is this release required by Florida's Sunshine Law, it's also the law of the case.
Or maybe not. I think you might be conflating the "Sunshine Law" with reciprocal discovery.
It is true that once discovery documents are submitted to the Clerk of Court by either party that they become public documents which are subject to the Sunshine Law.
But reciprocal discovery in Florida gives the defense an edge. The State is required to submit
all evidence they have relating to the case. OTOH, the defense is only obligated to submit evidence they intend to actually use in court.
Now if O'Mara really does plan to use that information as part of his defense in court then yes, he was
required to submit it, but there is nothing which states that he can't go ahead and submit it
anyway whether he plans to use it or not, just to ensure that the info becomes public.
This is a common tactic for a defense team to use when trying to affect public opinion about a case.
I suspect that is what Nichols was talking about, not the obligations mandated by the Sunshine laws. They don't even pertain until after the discovery info is released by the defense. The quote jk cited made Nichols intent relatively clear.
Oddly enough (or perhaps not), defense lawyers have no qualms about accusing the State of using such tactics, even though the Prosecution
is obligated to release
everything for discovery.
Unintended consequences you might say, since that aspect of discovery was intended for the defendant's benefit, but when combined with Florida's uncompromising Sunshine Laws it doesn't always work out that way.
Of course, the state had opportunity to bring this information to the court's attention and ask that it be protected or sealed.
There's a reason the state didn't take that option.
Maybe even more than one. Sometimes it's better to pick your battles. A judge's options for sealing information once it
does become part of the public record are relatively limited in Florida.
Sadly, the potential for the information to be prejudicial to the defendant's ( or prosecution's) case is not high on the list of those options, as your citations rightly pointed out.