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Attorney wants Phoebe Prince’s medical records (Mass. bullying case)
Boston Herald ^ | 04/10/10 | Marie Szaniszlo

Posted on 04/11/2010 8:52:46 PM PDT by jerry557

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.

(Excerpt) Read more at bostonherald.com ...


TOPICS: Local News; Society
KEYWORDS: ashleylonge; assault; austinrenaud; blamevictim; bullying; chargedwithrape; client; consensualsex; convict; conviction; counselors; court; cowards; crime; criminal; defendant; defense; finalstraw; flannerymullins; intimidation; investigation; kaylanarey; killers; law; lawschool; lawyer; massachusetts; mentalillness; monsters; murderers; northamptoncourt; phoebeprince; physicians; police; prosecutor; psychologists; rape; rapecounselors; rapist; request; school; seanmulveyhill; sex; sharonvelazquez; slut; stalking; standardprocedure; statutoryrape; suicide; terrencemdunphy; tormentor; torture; unstable; victims; victimsadvocates; wendymurphy
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Looks like they are going to try the good old "trash the victim" defense.
1 posted on 04/11/2010 8:52:47 PM PDT by jerry557
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To: Niuhuru; Morgana

Ping


2 posted on 04/11/2010 8:54:10 PM PDT by jerry557
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To: jerry557

Seems like a very normal request.


3 posted on 04/11/2010 8:59:17 PM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: jerry557
Looks like the presumption of innocence and the right to competent counsel still apply .
4 posted on 04/11/2010 8:59:40 PM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
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To: jerry557

I don’t know the exact legal term, but I am aware there is a law that states it doesn’t matter what is in the victims medical history, if your actions lead to their death. Meaning if you hold up a gas station and a person with a heart conditon drops dead from shock, you are responsible for their death, their medical state is not a factor.


5 posted on 04/11/2010 9:06:36 PM PDT by LukeL (Yasser Arafat: "I'd kill for a Nobel Peace Prize")
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To: kbennkc
Looks like the presumption of innocence and the right to competent counsel still apply .

B-b-b-but, what about those bullies? Shouldn't we suspend all constitutional protections for bullies? /s

6 posted on 04/11/2010 9:08:12 PM PDT by TankerKC (I think P. T. Barnum had his time off by about 59 seconds.)
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To: jerry557

typical scumbag attorney move. may the guilty all burn for their actions.


7 posted on 04/11/2010 9:09:51 PM PDT by Hexenhammer (sic semper tyrannis)
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To: LukeL
I don’t know the exact legal term, but I am aware there is a law that states it doesn’t matter what is in the victims medical history, if your actions lead to their death. Meaning if you hold up a gas station and a person with a heart conditon drops dead from shock, you are responsible for their death, their medical state is not a factor.

Felony Murder rule ? That might apply if the accused kids were robbing a station and caused the poor girl to drop dead . Are those the facts here ?

8 posted on 04/11/2010 9:13:08 PM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
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To: kbennkc

If a man rapes a woman, does the defense have a right to throw the victim’s entire medical and psychological history out into the open?

No wonder most rapes are never reported.


9 posted on 04/11/2010 9:17:08 PM PDT by jerry557
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To: jerry557

I haven’t been following this closely, but it doesn’t sound unreasonable to me.


10 posted on 04/11/2010 9:17:20 PM PDT by smokingfrog (Free Men will always be armed with the Truth.)
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To: jerry557
Hmm--interesting way to game abortion privacy laws. I don't think someone dead has the same rights of someone alive.

Remember--this is a suicide. Not a murder. What you have here are people being accused of being mean teens. Any of you have any teens who were mean?

11 posted on 04/11/2010 9:20:25 PM PDT by Mamzelle (Cameras, cameras--never forget to bring your cameras)
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To: jerry557
If a man rapes a woman, does the defense have a right to throw the victim’s entire medical and psychological history out into the open? No wonder most rapes are never reported.

Did it happen at a gas station ?

12 posted on 04/11/2010 9:21:21 PM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
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To: kbennkc

I didnt make that analogy... i asked a different question...

Does the defense in a rape case have the right to smear the victim with her medical and psychological history that may have absolutely nothing to do with the crime?


13 posted on 04/11/2010 9:25:20 PM PDT by jerry557
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To: jerry557
Does the defense in a rape case have the right to smear the victim with her medical and psychological history that may have absolutely nothing to do with the crime?

Do you understand what a double barreled question is ? Are you still a part time democrat ? Yes or no please .

14 posted on 04/11/2010 9:31:16 PM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
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To: kbennkc

Part-time Democrat? What the hell are you talking about? And what the hell does political affiliation have to do with this anyway?

I asked a simple question of whether the defense has a right to smear a rape victim? And you obviously don’t have the answer.


15 posted on 04/11/2010 9:38:55 PM PDT by jerry557
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To: kbennkc

No the point is, if your actions result in the death of anyone you are resonsible, regardless if that person had a weakened mental or physical state to begin with.


16 posted on 04/11/2010 9:41:33 PM PDT by LukeL (Yasser Arafat: "I'd kill for a Nobel Peace Prize")
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To: LukeL

Maybe it was a Prozac moment.

Surely the defense has the right to know that?


17 posted on 04/11/2010 9:43:54 PM PDT by donna (Sarah Palin: "I support his [McCain] position on immigration.")
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To: donna

Doesnt make a difference...

If a suicidal person has a loaded gun to their head. And you yell at them to pull the trigger...and he pulls that trigger. I believe that under the law you can be held at least partially responsible for his death.

Im not a lawyer...But I think this is true.


18 posted on 04/11/2010 9:46:39 PM PDT by jerry557
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To: LukeL
No the point is, if your actions result in the death of anyone you are resonsible, regardless if that person had a weakened mental or physical state to begin with.

If that is so you can expect to hear from the lawyer for my estate as I have just expired as a result of this nattering .

19 posted on 04/11/2010 9:52:34 PM PDT by kbennkc (For those who have fought for it , freedom has a flavor the protected will never know F Trp 8th Cav)
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To: jerry557

Seems to me that if they are charging that this bulling caused her to commit suicide, the defense should be able to probe other possible reason’s for her taking her own life.

All kids get bullied at school from time to time, and it may have had nothing to do with her suicide.


20 posted on 04/11/2010 9:59:08 PM PDT by babygene (Figures don't lie, but liars can figure...)
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To: babygene

You didnt read the article...

This particular person is ONLY being charged with statutory rape...not the bullying or the suicide.


21 posted on 04/11/2010 10:08:22 PM PDT by jerry557
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To: antceecee
"Seems like a very normal request. "

Dosen't seem normal to me if this is a criminal case, only if it's civil.

22 posted on 04/11/2010 10:08:58 PM PDT by matthew fuller (Regime Change- NOW!)
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To: TankerKC

They’re not bullies they’re rapists, dumbass.


23 posted on 04/11/2010 10:11:12 PM PDT by mac_truck ( Aide toi et dieu t aidera)
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To: matthew fuller

They are entitled to mount a defense. Unlike some here, I believe they are entitled to a trial and to defend themselves against the charges. Amazing the posts on these threads... lynch mob mentality.


24 posted on 04/11/2010 10:14:26 PM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: antceecee
"Amazing the posts on these threads... lynch mob mentality."

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.”

25 posted on 04/11/2010 10:18:23 PM PDT by matthew fuller (Regime Change- NOW!)
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To: matthew fuller

Yes I read that... doesn’t mean I agree with it... so post away and get your noose ready. I can see you want to hang these “defendants”... why have a trial at all?


26 posted on 04/11/2010 10:21:17 PM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: jerry557

“This particular person is ONLY being charged with statutory rape...not the bullying or the suicide.”

From the article: “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.”


27 posted on 04/11/2010 10:35:31 PM PDT by babygene (Figures don't lie, but liars can figure...)
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To: antceecee
"doesn’t mean I agree with it.."

I don't really think it matters whether or not that you agree or disagree with the state supreme court.

28 posted on 04/11/2010 10:38:00 PM PDT by matthew fuller (Regime Change- NOW!)
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To: matthew fuller
You are a real pisser aren't you?

There is very little evidence presented in these news stories and you are ready to convict every defendant based on sensationalist news reports! They may be guilty of bullying (not sure that is a punishable crime - how do you measure it... next time you say something mean to someone at work and they go home and overdose on Unisom... should you be arrested?), but they are entitled to a defense and their attorneys are obligated to defend them.

29 posted on 04/11/2010 10:47:54 PM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: Mamzelle
Remember--this is a suicide. Not a murder. What you have here are people being accused of being mean teens. Any of you have any teens who were mean?

No, it's a mobbing, which is a coordinated, extensive and premeditated psychological attack to cause harm to someone. Driving them to suicide is called "intentional harm" - and that turns the suicide into homicide.

Any of you have teens who coordinated vicious psychological mobbing attacks over a period of months with intent to destroy - and then write gleeful facebook posts celebrating the death? Is THAT what you mean by "teens who are mean"?

30 posted on 04/11/2010 11:01:49 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: matthew fuller
I don't really think it matters whether or not that you agree or disagree with the state supreme court.

As long as this is still America, it matters a very great deal. You see, we tend not to bow and scrape in this country, unlike wherever it is you crawled in from. Why don't you take your riding crop and sit on it?

31 posted on 04/11/2010 11:04:16 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: antceecee
"You are a real pisser aren't you? There is very little evidence presented in these news stories and you are ready to convict every defendant based on sensationalist news reports! "

Where the hell do you get all of this crap that you are attributing to me? Where have I said that anybody should be convicted? Can you quote that back to me? No, you can't. I have not taken any such position. All I'm saying is that these accused criminals and their lawyers should not be allowed to slime and desecrate that dead girl in court, as you seem to be so much in favor of. Now get off of my back, and stop making false accusations about what I have and have not stated, unless you can quote me.

32 posted on 04/11/2010 11:07:59 PM PDT by matthew fuller (Regime Change- NOW!)
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To: Talisker

Who rang your chime?


33 posted on 04/11/2010 11:10:03 PM PDT by matthew fuller (Regime Change- NOW!)
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To: matthew fuller

You first posted to me Einstein... You are obviously against these defendants mounting a defense... just read through your posts! Have a nice day.


34 posted on 04/11/2010 11:12:53 PM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: matthew fuller
Who rang your chime?

You. I agree with your defense of the victim, but telling people not to question the powers that be pisses me off - we happen to be losing the country to that kind of thinking.

It's not my fault there's more than one thing going on here. I already posted the perps should fry on primetime TV.

35 posted on 04/11/2010 11:14:28 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: jerry557

Top, L-R: Sean Mulveyhill, Kayla Narey, Austin Renaud. Bottom, L-R: Ashley Longe, Flannery Mullins, Sharon Chanon Velazquez.

36 posted on 04/11/2010 11:30:44 PM PDT by kcvl
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To: jerry557

On Jan. 7, according to the documents, Prince went to a school administrator after learning that one of the defendants, Flannery Mullins, had told fellow students that she was going to “beat Phoebe up” and that she “needed to watch out at break after second block.”

The documents do not reveal the official to whom Prince spoke or provide details of the conversation.

A witness who was interviewed by investigators said Prince had gone to administrators because she was “scared and wanted to go home.” After the meeting, the witness said Prince returned to class, and said that no action was going to be taken and that “she was still going to get beat up.”

In a recent interview, Superintendent Gus Sayer said school administrators were not aware of the bullying until Jan. 7, a week before Prince committed suicide. On that day, two teachers reported separate bullying incidents to the principal, Sayer said.

In one incident, a student walked into Prince’s classroom and yelled at her. In the other, a teacher overheard several students in the cafeteria making remarks about Prince “that appeared to be threatening.”

“Even though they weren’t made to her directly, he reported that to the principal,” Sayer said.

The principal “took immediately disciplinary action against both students,” Sayer said. He would not say what kind of action was taken, citing school privacy rules.

http://www.masslive.com/news/index.ssf/2010/04/court_documents_phoebe_prince.html


37 posted on 04/11/2010 11:32:28 PM PDT by kcvl
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To: antceecee

Since you seem so bound and determined to slime and desecrate this dead minor girl’s memory it occurs to me to wonder, are you possibly a member of the Westboro Baptist Church? Have a good nite.


38 posted on 04/11/2010 11:35:58 PM PDT by matthew fuller (Regime Change- NOW!)
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To: kcvl
The principal “took immediately disciplinary action against both students,” Sayer said. He would not say what kind of action was taken, citing school privacy rules.

"Against both students" means, in this day and age, that Phoebe Prince was disciplined as well as the perps when the perps threatened Phoebe.

Good going, principal. Phoebe's dead, but at least you held up the "zero tolerance/total faculty cowardice" protocol.

39 posted on 04/11/2010 11:37:47 PM PDT by Talisker (When you find a turtle on top of a fence post, you can be damn sure it didn't get there on it's own.)
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To: matthew fuller
Where have I slimed this girls memory? Now you are resorting to lies?

You are a despicable slug, that is just hunkering for a fight. Sorry... I'm not going to play... good night crazy person.

40 posted on 04/11/2010 11:47:32 PM PDT by antceecee (Bless us Father.. have mercy on us and protect us from evil.)
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To: jerry557

That’s bad law.


41 posted on 04/12/2010 12:25:18 AM PDT by donna (Sarah Palin: "I support his [McCain] position on immigration.")
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To: jerry557

HIPAA prevents the release of medical information to other than the patient.


42 posted on 04/12/2010 1:33:43 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: jerry557
No wonder most rapes are never reported.

There are a grand total of two defenses in rape cases.

1) It wasn't me.

2) The other(usually a female, but not always) consented.

If the prosecution has proof that shows a sex act took place between the accuser and the defendant, the defense is reduced to only number 2.

Since there are cases where the accuser consents, later regrets and makes a false accusation, and the defendant has to be allowed to defend him(her)self, yeah, it gets unpleasant.

43 posted on 04/12/2010 3:23:11 AM PDT by Cheburashka (Stephen Decatur: you want barrels of gunpowder as tribute, you must expect cannonballs with it.)
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To: mac_truck
They’re not bullies they’re rapists, dumbass.

Oh no, you called me a name...what will I do? I suppose you should go to jail...or you watch your mouth.

44 posted on 04/12/2010 5:20:46 AM PDT by TankerKC (I think P. T. Barnum had his time off by about 59 seconds.)
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To: Cheburashka
The difference being the girl in question was under the age of consent, unless you're applying islamic law to the situation.
45 posted on 04/12/2010 6:11:16 AM PDT by mac_truck ( Aide toi et dieu t aidera)
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To: Mamzelle

I don’t know if you fully understand the concept of “mean teens” in today’s world.
For instance, my son is being harassed on Facebook by some teens he barely knows. Ok, he has to live with them tearing him apart. But they are now putting down his mom, me. Ok, so I laughed and told them what could I possibly care about two low lifes with no diploma, no jobs, disrespecting me? Ha
But now they’ve upped it to tell him that his father committed suicide because of him. That’s low. I wanted to beat them up myself, only I don’t do such.
He doesn’t even know why they are doing this, they just don’t like him.


46 posted on 04/12/2010 6:41:28 AM PDT by Shimmer1
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To: jerry557
But I think this is true.

Well, if you *think* it is true...geez.

47 posted on 04/12/2010 6:48:40 AM PDT by TankerKC (I think P. T. Barnum had his time off by about 59 seconds.)
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To: kcvl
Top, L-R: Sean Mulveyhill, Kayla Narey, Austin Renaud. Bottom, L-R: Ashley Longe, Flannery Mullins, Sharon Chanon Velazquez.

I'm curious...how did the names and pictures of minors end up in the press?

48 posted on 04/12/2010 7:15:12 AM PDT by TankerKC (I think P. T. Barnum had his time off by about 59 seconds.)
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To: jerry557

Even IF she was unstable, that’s all the more reason that she shouldn’t have been bullied by these bastards.


49 posted on 04/12/2010 7:17:55 AM PDT by Niuhuru (The Internet is the digital AIDS; adapting and successfully destroying the MSM host.)
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To: TankerKC

Because people researched, found out, and then released them to the press and also have posted them on their websites, blogs, etc. No privacy these days.


50 posted on 04/12/2010 7:21:37 AM PDT by Niuhuru (The Internet is the digital AIDS; adapting and successfully destroying the MSM host.)
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