This is a attempted aggravated sexual assault case. The victim, who is a child, sought counseling after the initial outcry was made, but before a forensic interview was done. The counselor is not the outcry witness, and the State does not intend to call her to testify. The Defendant has requested a subpoena for all counseling records.

I believe the Court should examine the records in camera, and release only exculpatory evidence to the defendant. However, I can not seem to find any caselaw on the issue to support this position. Has anyone run into this before?

I'm going to forward you, e-mail, excerpts from cases that I pulled when a defense attorney wanted broad discovery of personnel files from our PD. I realize your situtation is different, but there is a lot of discussion of the scope of discovery and and the proper mechanics of handling such defense requests.

Let me know if you don't receive it.

[This message was edited by Robert S. DuBoise on 04-07-08 at .]

It was very helpful. Thanks!