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I am prosecuting an a case of Assault Public Servant. The main issue is injury. The officer had a separated shoulder and a bruised shit. The defense is basically claiming my officer is a liar and that either the injury happened later on (or not at all.

The office stated in the report that later in evening the day her neck muscles and left forearm began to tighten up and the pain continued to get worse. She had it check out and was diagnosed with the separated shoulder.

I am seeking to admit the medical records, but the records have the officers personal info in them.

Is there a way to admit via a business records affidavit (or witness) while having that information redacted?
 
Posts: 26 | Location: Seguin, Texas | Registered: October 27, 2009Reply With QuoteReport This Post
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ahhh...OK, I got the separated shoulder, but I wouldn't want a buised "shit".

I talk with the defense attorney and tell them that I want some of the info (personal and non-relevant) redacted. If they don't agree to it, I would put forth both the redacted copy and the full copy in front of the Judge. I would think that most judges would want to see the relevancy of the full copy and, if the Defense could not provide a reason, would allow the redacted version to enter into evidence. Even if it was error to admit the redacted copy, I don't see how a non-relevant redaction would cause a reversal.

Other than that, instead of having the information redacted, just ask the Court to SEAL them and place them in an envelope with a copy of the Court ordered seal on top so the District Clerk is aware of it.......

That would be my best two approaches, but in both its up to the judgment of the Judge.
 
Posts: 106 | Location: Kingsville, Texas, USA | Registered: July 19, 2011Reply With QuoteReport This Post
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