Colorado v. KaileyAnnotate this Case
Defendant Randy Kailey was charged with two counts of aggravated incest. After a jury trial, he was found guilty and ultimately sentenced to thirty-two years in jail. Kailey met with a psychologist employed by the Department of Corrections for a private therapy session. At the outset, Kailey reviewed a DOC form that provided that any statements Kailey made during therapy indicating that he intended to harm himself or others would not be considered confidential and would be disclosed to the DOC. During his session, Kailey allegedly made several statements about witnessed that testified against him at trial. The psychologist considered these statements to constitute serious threats of violence. Pursuant to his statutory "duty to warn," the psychologist submitted an "indicent report" to the DOC describing what Kailey said during therapy. The State subsequently charged Kailey with retaliation against a witness. Kailey moved to exclude the incident report. The trial court granted Kailey's motion. The Supreme Court reversed, concluding that once a provider's legal "duty to warn" is triggered, the patient's threatening statements are not protected by privilege.