I reported on June 1 that the defense had subpoenaed medical records from St. Joseph's hospital and that it could impact the credibility of Amy Smith and Jane Doe.
This morning, Visiting Judge Ksenia Tsenin did an in camera review of the records requested. The matter was continued to 11 to rule on the defense motion to subpoena records for Smith's third jury trial. Both previous trials resulted in mistrials.
This morning Judge Tsenin asked Smith's attorney, Ms. Andrea Sullivan, why the mother's records were being subpoenaed two years after the event?
Ms. Sullivan asked to approach. She and Deputy District Attorney Stacey Eads spoke with Judge Tsenin "at the bench".
Good thing I can lip read.
Ms. Sullivan said the health records were to see if records exist about STDs.
Judge Tsenin continued the matter until 3 p.m. because she thought she read in paperwork something about someone not having STDs.
If you remember my daily coverage of the last trial, the issue of Jane Doe not being tested for a STDs or a SART exam was brought up by the defense.
Afternoon update: Judge Tsenin closed the courtroom to meet with attorneys. She ruled that no records will be released.
Trial confirmation is scheduled for June 12. Defense has requested funding and the funding is related to the SART exam. There wasn't one done on Jane Doe.
Previous post:
https://johnchiv.blogspot.com/2019/06/defense-seeks-medical-records-that.html?m=1
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.