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Tuesday, March 30, 2004

Indiana Decisions - Oral argument scheduled for issues relating to release of counseling records of accused murderer

"St. Joseph County prosecutor has new hope of getting evidence," is the headline to this story today in the South Bend Tribune. Some quotes:

The Indiana Supreme Court has agreed to consider whether counseling records of accused murderer Jeffrey Pelley should be released to prosecutors. Oral arguments by the lawyers are scheduled for April 27 in Indianapolis.

Previously, a local judge and the Indiana Court of Appeals ruled the records should remain confidential under Indiana laws granting privilege to client communications of social workers and psychologists.

Deputy Prosecutor Scott Duerring, who is prosecuting the 15-year-old quadruple homicide, was very happy when he heard the news Monday. "It's encouraging," said Duerring, who has been trying to get access to the records for a year. "The (justices) obviously think it's an important issue and they must have something they want to do or they wouldn't have granted the petition for transfer," he added.

As to the issue on appeal, the story continues:
After the prosecution subpoenaed the counseling records, lawyers for the Family & Children's Center asked [St. Joseph Superior Court Judge Roland W. Chamblee Jr.] to quash or cancel the subpoena. The lawyers maintained the records should not be disclosed because of the confidentiality provision in the law pertaining to communications between social workers and psychologists and clients.

Chamblee reviewed the records privately last year and agreed the law protected their confidentiality and would not allow prosecutors to see them. The judge also found nothing that he believed qualified for a homicide exception in the law.

Chamblee and the appellate court agreed with the Family & Children's Center that the confidentiality provision applies to the social worker who counseled the Pelleys, even though the law extending privilege to social workers was not passed until 1990, a year after the final counseling sessions in question.

"The issue of retroactively applying the privilege is a case of 'first impression,'" Duerring noted.

There is more of interest in the story, which deserves a reading in full. The case is State of Indiana v. Robert Pelley. The 12/19/03 Indiana Court of Appeals opinion (now vacated) is available here. The Indiana Supreme Court oral argument is scheduled for Tuesday, April 27, 2004 at 9:45 a.m. Or you may watch it, live or archived, here.

Posted by Marcia Oddi on March 30, 2004 06:55 PM
Posted to Indiana Decisions