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Justices rule on cases using 3-step test seeking records

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The Indiana Supreme Court tackled the issue of requests for production of information to private third parties in two opinions Thursday – one dealing with records sought that fall under the victim-advocate privilege and the other dealing with unprotected information.

Crisis Connection, Inc. v. Ronald K. Fromme, No. 19S05-1012-CR-678, and Lamar M. Crawford v. State of Indiana, No., 49S05-1106-CR-370, both involved the three-step test used to determine the discoverability of information in criminal cases – particularity, relevance or materiality, and paramount interest.

In Crisis Connection, Ronald Fromme sought the counseling records from nonprofit Crisis Connection of two girls and their mother for use in his defense against child molesting charges. Crisis Connection argued those records are protected under the state’s victim-advocate privilege. The trial court ordered the records delivered to the court for an in camera review. On interlocutory appeal, the Indiana Court of Appeals affirmed using the three-step test, holding that the privacy interest was important, but not strong enough to bar an in camera review of the records.

In Crawford, Lamar Crawford sought information recorded by Lucky Shift during the production of “The Shift,” a television show that followed Indianapolis Metropolitan Police homicide detectives. Crawford was accused of a murder that was the subject of a show that aired. The trial court ordered some information be disclosed for an in camera review, but denied three of Crawford’s requests because they weren’t particular enough. Using the three-step test, the Indiana Court of Appeals affirmed that those three requests weren’t sufficiently particular.

The justices found the COA erred in using the three-step test in Crisis Connection because the records Fromme sought are privileged information, and caselaw makes clear that the test only applies to discover nonprivileged information. The Indiana Legislature has expressly provided that the victim-advocate privilege applies in cases like this one to prohibit any disclosure, wrote Justice Frank Sullivan.

The high court went on to find that Fromme does not have a constitutional right to an in camera review of Crisis Connection’s records, frequently citing Pennsylvania v. Ritchie, 480 U.S. 39 (1987). Indiana courts do not extend Confrontation Clause rights to pretrial settings, so as long as the trial court does not improperly prevent Fromme from cross-examining the alleged victims at trial, his rights under the Confrontation Clause won’t be violated, wrote the justice.

The justices emphasized the importance of the promise of confidentiality between a provider and a patient. If patients knew their records could be subject to even an in camera review, confidential conversations would surely be chilled, wrote Justice Sullivan.

The Supreme Court reversed the trial court and remanded for further proceedings.

In Crawford, the three-step test does apply because the information Crawford seeks isn’t privileged. The justices focused on two requests denied by the trial court: Request #18 – Footage of any and all statements of officers, agents, or affiliates of Indianapolis Metropolitan Police Department or any reenactment thereof; and Request #19 – Footage of anyone interviewed or questioned, or any reenactment thereof, in connection with the investigation of the death of Gernell Jackson.

In each of the challenged requests, Crawford doesn’t state with reasonable particularity what footage or statements or interviews he seeks, he is just fishing for it, wrote Justice Sullivan. The justices couldn’t say that the trial court abused its discretion in quashing these discovery requests.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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