Attorney wants Phoebe Prince’s medical records (Mass. bullying case)

[Yehonala]

Attorney wants Phoebe Prince’s medical records (Mass. bullying case)

The attorney for one of six South Hadley High School students accused of bullying Phoebe Prince in the months leading up to her suicide is asking for highly personal information about her, a move decried by a former prosecutor and victims advocates as “unconscionable.”
In a six-page motion filed in Northampton Superior Court, Terrence M. Dunphy, the lawyer for Austin Renaud, asks for the names of any physicians, psychologists or rape counselors Prince saw; any medical and psychological records viewed by the prosecutor; details of any prior allegations of rape or abuse by Prince; and a statement as to whether her family had been the subject of a Department of Children and Families investigation.

“It’s standard procedure,” Dunphy, whose client is one of two boys charged with statutory rape, said of the request. “The document speaks for itself. I’m not explaining anything.”

Wendy Murphy, a former prosecutor who teaches at the New England School of Law, called the move “unconscionable,” arguing that the state’s highest court has ruled that the defendant in a criminal case is not entitled to a “laundry list of everyone the victim’s ever been treated by.”

There is a “very narrow” exception, Murphy said, in which the defense has to explicitly show there is something in the alleged victim’s file that will affect the defendant’s chance of a fair trial.

“But in this case, it’s not only overly broad, it’s exceedingly premature,” she said, adding that Prince never accused anyone of statutory rape - consensual sex with a minor. “I can only see it as a threat to unveil all the family secrets.”

If Dunphy pursues it, Murphy said, prosecutors have a right to “reciprocal discovery,” or the same type of information about the defendants.

http://www.bostonherald.com/news/regional/view.bg?articleid=1246073&srvc=rss

Would someone please explain to me how America is supposed to be taken seriously as a voice for good and example of shining morality and virtue if we let stuff like this happen and go unpunished? If we ever debate Ireland over something, they will rightly stand up and then state that our own citizenry, teens no less, bullied one of their citizens to death and still let them roam the streets free as birds while Phoebe is dead and has no future.

[bluestateguy]

1. Despicable

Just despicable.

[Yehonala]

2. Scum........

If Phoebe did have mental issues, then that is all the more reason to prosecute. You don't torment an unstable child to the point of suicide. Filth, I wish I could shoot them myself.

[paulsby]

4. it IS standard procedure

it sucks, but medical records give indications of whether (for example) she gave other reasons for being suicidal etc.

defense does have a right to present a case and does have a right to discovery.

it's relevant, just like it was relevant in the kobe bryant case.

mental illness history, etc. is VERY relevant in a case like this

[msanthrope]

10. no--it's not standard procedure. It's a dick move, made by a criminal

defense attorney who is desperate.

He's trying to posion the jury pool-'cause he knows he has no right to her recrods. These defendants aren't charged with causing her suicide, and he doesn't need these records for a stat rape defense.

[paulsby]

12. what the hell does a statutory rape case have to do with it?

CLEARLY, you are ignorant on the facts. hint: kobe bryant case wasn't statutory. she was of age. the mental records showed she had other issues that were relevant and highly suggestive of fabrication

it comes down to this. in the instant case, the victim committed suicide. did she talk to an MHP and give him/her OTHER reasons for same, etc?

that is relevant

apparently, some people don't believe in the right to a FAIR trial, the right to discovery, etc.

even scumbags deserve a fair trial

[msanthrope]

16. um, statutory rape is the charge the defendant is facing.

That would be why I brought up statutory rape. Since that's the crime charged.

A little lesson on rape law and evidence. Under stat rape. There's no issue of mens rea of the defendant, nor consent of the victim.

So medical history is completely irrelevant. Even if consent were at issue, I'd love to hear your argument as to why the defense gets a fishing expedition that overrides the Mass. Stat on the issue.

Which this defense attorney knows. But I hope he charged this scumbag for the motion.

As for Kobe, kindly cite the ruling that allowed the victim's medical record released to the defense???? You know, the ruling by a judge, not the wanking by pundits who speculated?

[paulsby]

18. really?

then cite where it says he is facing a charge of statutory rape.

if that's the case, then it was i who was ignorant.

it;'s happened before

[atreides1]

19. It's in the article.

“It’s standard procedure,” Dunphy, whose client is one of two boys charged with statutory rape, said of the request. “The document speaks for itself. I’m not explaining anything.”

[msanthrope]

21. Read the article provided. Maybe before you post. nt

[bluestateguy]

15. In the Kobe case you had someone who was just making stuff up

A real life nuts and sluts case.

In this case, the facts are beyond dispute that the girl was bullied and she was driven to suicide, AND even then the tormenting continued.

[4lbs]

3. It seems the defense attorney wants to be able to argue that Phoebe would have committed suicide

anyway, even if she wasn't bullied or raped.

Classic instance of trying to blame the victim.

[Posteritatis]

5. It's a depressingly common attitude with this case

There's lots of people defending the bullies on DU and making that sort of argument.

[4lbs]

6. Not me. I think the bullies should go to jail for at least 4 years, and those that raped her

for at least 15 years.

What she would or wouldn't have done 'anyway' doesn't matter.

There is a textbook example presented in many law schools.

Say a person jumps out a building's 50 story window. You pull out a gun and shoot at them, hitting them, and killing them before they hit the ground.

You are guilty of that person's murder, even though that person would have likely died anyway from the jump out of the window and falling 500 feet to the pavement.

Intent follows the bullet. You intended to cause them grevious bodily harm, and did so. The fact that they may likely have suffered harm due to their own actions is of little matter. Your intent is the key factor.

Same here. Those that bullied her and raped her intended to cause her psychological and physical harm. Even if she had planned on hurting and/or killing herself the next day, it doesn't matter.

If the evidence shows their intent, they are guilty and should serve jail time.

[Posteritatis]

7. Entirely agreed. (nt)

[msanthrope]

11. The defendant's aren't charged with causing her suicide.

They are charged with harassing her/raping her while alive.

Therefore, the causes of her suicide are legally irrelavant....and that attorney knows it.

[Initech]

8. Wow, eventhe lawyers are assholes in this case.

[NutmegYankee]

9. I have strong feelings on this case. I was bullied as a kid.

My parents even brought the bullies parents to court and had battery charges filed against the children to try to stop it. Parents today just refuse to take responsibility for their kids. I was bullied because I was a nerd and the "fat" kid.

As for the nine lugs of filth in this case, I think all nine should suffer the same fate as Phoebe in a public place for all to see. Only then would parents actually try to take responsibility and scold their children for this behavior. But no, they hire lawyers to defend their little angels...


I know many will disagree with my feeling, but hey, I understand what drove that child to kill herself. I experienced it.

Edit: typo

[Yehonala]

13. You Too?

I was badly bullied in my interior design class. Nothing was done even though the teacher saw it happening.

[NutmegYankee]

17. The school admin was incompetent.

Both of my parents visited the principal one morning to try to get him to act. The only way it stopped was I went on to high school and was placed into advanced classes. The few neighborhood bullies left finally snapped me one day and I left one bleeding from head wounds in a street and another barely able to breathe after my blows. I was never a violent person before that, but constant abuse is unhealthy for the mind. Luckily all of us were OK after patching up the wounds (I took a nasty blow to the nose that bled profusely) and the bullying stopped.

[Initech]

14. As was I, I have no sympathy for these people.

[Odin2005]

23. Wow, that sounds like what I went through.

Though in my case it didn't get bad enough to go to court, my mom just had to threaten the school with lawyers.

[Yehonala]

25. Feral scum......

One of my interior design bullies literally tried to kill her sister. Would someone explain why such people are in our schools in the first place? I didn't discover that until later. I hate all of them. I wanted to be home schooled, but my idiot parents were more concerned with my social life.

[jberryhill]

20. If it is not discoverable, the subpoenae will be quashed

If it is discoverable, then the accused have a right to compel the production of things which are likely to lead to discoverable evidence, even if the things themselves are neither relevant nor admissible.

The accused have a right to a defense, and the state has the obligation to represent the interest of the people in the prosecution.

Just because the defense requested these items does not mean:

(a) they will get it; or
(b) even if they do get it, that any of it will be admissible.

We now return to our regularly scheduled outrage at how the justice system normally works...

[Odin2005]

22. What a disgusting POS.

:grr:

[paulsby]

24. i stand corrected

i had read previous articles on it and totally missed the stat rape thang