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JACKSONVILLE, Fla. -- A Ponte Vedra Beach woman on probation on drug charges is demanding that a mug shot of her be removed from the popular commercial Web site TheSmokingGun.com.
The Web site, created by Court TV, features documents, many from government and law enforcement sources, about celebrities and other people of interest.
Casey Hicks' photograph was lifted from the Florida Department of Corrections Web site and is featured with about 20 other women in a section of TheSmokingGun.com titled "Foxy Felons," Jacksonville television station WJXT reported.
"One day we decided to put together a group of felons who happen to be nice-looking," said editor William Bastone.
Hicks was convicted on drug charges in New York in 2001. She has since relocated to Florida.
Hicks' lawyer sent a letter saying that her photo being listed under the heading "Foxy Felons" "invades her privacy ... and holds her up to public ridicule, has caused her to become fearful for her safety ... and has invited members of the public to use her picture for their own private sexual gratification."
The fact that Hicks' mug shot was lifted from the state's online database of prisoners and those on probation is central to TheSmokingGun's argument -- it's in the public domain.
"It's not often we have people who have been convicted of a crime -- in her case took a plea -- and have been photographed, booking photo taken, under supervised release, that they would think that the distribution of their police photo shouldn't be done," Bastone said. "That's a new one for us."
Bastone told WJXT that Court TV's attorneys say the charges have no merit.
TheSmokingGun.com not only kept Hicks' photo online, it also posted the letter from the attorney demanding its removal.
Hicks' probation ends in about one month, and her picture will likely be taken off Florida's DOC Web site. Bastone wouldn't say whether it will remain on The Smoking Gun.
http://www.wftv.com/technology/7403241/detail.html