State v. Ramsey

Annotate this Case

Download PDF

TJ) W-- C I) t 'i- State v. Ramsey, CR-10-8527~nifiedCrimin~'bocket- Cumberla~d) . ':~ :··"1 Defendant Dylan Ramsey is charged: With gross sexual assault and unlawful sexual contact. ' Before the court are motions in limine :pursuant to M.R.Crim.P. 17(d} seeking (1) production of medical, mental health, and prescription records from the physician of the alleged victim and (2) medical, psychiatric counseling, and school records from the alleged victim's high school. The mother of the alleged victim objects to any invasion of her daughter's privacy, including in camera review by the court, and the State - to the extent it has standing - also objects. The custodians of the medical and school records have also asserted that the records in question cannot be disclosed without a court order. At a hearing on April 5, 2011 the court directed that the medical and school records in question be provided to the clerk and sealed to await further consideration. In State v. Watson, 1999 ME 4111 6-7, 726 A.2d 214, 216, the Law Court ruled that a trial court had correctly quashed a subpoena from the defendant seeking treatment records and testimony from a licensed clinical social worker who had been treating the alleged victim. Defense counsel had speculated that the records and testimony might provide a basis to impeach the victim or otherwise contain exculpatory information, but the Law Court concluded that the defense had not made a preliminary showing that the subpoena was anything more than a fishing expedition. Accordingly, it ruled that the trial court had not abused its discretion in quashing the SUbpoena and declining to conduct an in camera review of the documents. In the Watson case, the records that were being sought were suqrect toa limited statutory privilege that allowed disclosure in the event that a court deemed such disclosure necessary to the proper administration of justice. 1999 ME 41 en: 3 n.3, 726 A.2d at 215 n.3. In the case at bar, the medical records are subject to confidentiality provisions under state and federal law that allow disclosure in this situatiort only pursuant to a court order. 22 M.R.S. § 171l-C(6)(F-1); 42 U.s.c. fJIfJI 1320d et seq. ("HIPAA"), 45 C.F.R. § 164.512(e)(1)(i). The educational records are also subject to state and federal confidentiality statutes that would allow disclosure pursuant to court order See 20 M.R.S. § 7202(2); 20-A M.R.S. § 6001; 20 U.s.c. § 1232g(b)(2)(B). ! In this case the defense's basis for seeking Dr. Goodrich's records- is that a Spurwink evaluation ~ta::~c:, that the alleged victim had been prescribed medication induding Ability and Wellbutrin and had a history of depression. The defense has not made any showing that those reported facts are relevant to the events in this case or to the ~Ileged victim's credibility. Although the defense speculates that information in Dr. Goodrich's files "may" indicate that the alleged victim has "perceptual problems or paranoia," this falls into the category of a fishing expedition barred by Watson. The defense's basis for seeking the alleged victim's school records is that she was entering Special Education dasses due to difficulty memorizing and that the school records "may" 'show other causes for her accusations, including "perceptual or personal' GI// /d. 0 I problems." The court has no basis to infer that difficulty in memorizing schoolwork is relevant to whether a witness can remember the details of an alleged sexual assault. Moreover, speculation as to personal or perceptional problems once again appears to be a fishing expedition that the court should not allow the defense to undertake. In particular, the court cannot discern any relationship between a special education student's IEP and her credibility. Accordingly, the defense/s motions in limine are denied without prejudice to renewal if the defense makes a sufficient showing that there is some basis for its request beyond what has been suggested to date. The court has not reviewed the records in question in camera and orders that the records remain sealed in the event that the defense makes a further submission. There are other pending motions in this case, including a motion for a Clifford order, and the clerk shall schedule a hearing so that those issues can be handled expeditiously given a May 9 trial exposure date. Dated: April---!/'-L.l----J' 2011 Thomas D. Warren Justice, Superior Court .. ' 2 / STATE OF MAINE vs DYLAN RAMSEY 105 GILMAN STREET #1 PORTLAND ME 04102 Docket No CUMCD-CR-2010-08527 DOCKET RECORD DOB: 06/04/1991 Attorney: RUBIN SEGAL LAW OFFICE OF RUBIN G.SEGAL 97 INDIA STREET, FLOOR 2 PORTLAND ME 04101 APPOINTED 12/20/2010 State's Attorney: MEGIN ELAM Filing Document: INDICTMENT Filing Date: 12/09/2010 Major Case Type: FELONY (CLASS A,B,C) Charge(s) 1 GROSS SEXUAL ASSAULT Seq 4262 17-A 253 (1) (A) BAILEY / POR Class A UNLAWFUL SEXUAL CONTACT 2 Seq 8410 17-A 255-A(1) (0) BAILEY / POR Class C 06/01/2010 PORTLAND 06/01/2010 PORTLAND Docket Events: 12/14/2010 FILING DOCUMENT INDICTMENT FILED ON 12/09/2010 12/14/2010 Charge (s): 1,2 HEARING - ARRAIGNMENT SCHEDULED FOR 01/06/2011 @ 8:30 in Room No. 1 NOTICE TO PARTIES/COUNSEL 12/14/2010 Charge(s): 1,2 HEARING ARRAIGNMENT NOTICE SENT ON 12/14/2010 JAMES TURCOTTE, ASSISTANT CLERK 12/22/2010 Charge (s): 1,2 MOTION MOTION FOR APPOINTMENT OF CNSL GRANTED ON 12/20/2010 ROLAND A COLE , JUSTICE COpy TO PARTIES/COUNSEL 12/22/2010 Party(s): DYLAN RAMSEY ATTORNEY APPOINTED ORDERED ON 12/20/2010 Attorney: RUBIN SEGAL 01/06/2011 BAIL BOND - $1,000.00 CASH BAIL BOND SET BY COURT ON 01/06/2011 ROLAND A COLE , JUSTICE OR 10,000 SS, OR A MPTSC IN THE ALTERNATIVE 01/06/2011 BAIL BOND - CASH BAIL BOND COMMITMENT ISSUED ON 01/06/2011 ROLAND A COLE , JUSTICE 01/06/2011 Charge(s): 1,2 HEARING ARRAIGNMENT HELD ON 01/06/2011 ROLAND A COLE , JUSTICE Attorney: RUBIN SEGAL TRACY LEADBETTER DA: Page 1 of 3 Printed on: 04/12/201] DY LAN HAMS 1';Y CUMCD-CR-2010 0852) DOCKET RECOIW Defeqdant Present in Court DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS TAPE 2497 01/06/2011 Charge (s): 1,2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 01/06/2011 ROLAND A COLE , JUSTICE 01/06/2011 HEARING DISPOSITIONAL CONFERENCE SCHEDULED FOR 04/06/2011 @ 10:30 in Room No. 7 01/06/2011 Charge(s): 1,2 TRIAL JURY TRIAL SCHEDULED FOR 05/09/2011 @ 8:30 in Room No. 11 NOTICE TO PARTIES/COUNSEL 01/11/2011 OTHER FILING PRETRIAL SERVICES CONTRACT FILED ON 01/11/2011 PRETRIAL SERVICES CONTRACT APPROVED ON 01/12/2011 0]/13/2011 OTHER FILING ROLAND A COLE , JUSTICE PR BAIL BOND FILED ON 01/13/2011 01/18/2011 BAIL BOND Date Bailed: 01/13/2011 682 03/08/2011 MOTION MOTION FOR FURTHER DISCOVERY FILED BY DEFENDANT ON 03/04/2011 03/08/2011 MOTION - MOTION IN LIMINE, RULE 17 FILED BY DEFENDANT ON 03/04/2011 03/08/2011 MOTION - MOTION IN LIMINE, RULE 17 FILED BY DEFENDANT ON 03/04/2011 03/10/2011 HEARING - MOTION IN LIMINE, 03/10/2011 HEARING - MOTION IN LIMINE, RULE 17 NOTICE SENT ON 03/10/2011 03/21/2011 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 04/06/2011 03/25/2011 LETTER - RULE 17 SCHEDULED FOR 04/05/2011 @ 1:00 in Room No. 8 FROM PARTY FILED ON 03/22/2011 Attorney: JAMES BAILINSON IN RESPONSE TO SUBPOENAl MOTION IN LIMINE. COUNSEL OBJECTS TO MOTTON. COUNSEL WILL Br·: PRESENT AT THE HEARING 4-5-11 @ 1:00 P.M. 04/05/2011 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 04/05/2011 04/05/2011 MOTION - MOTION TO PRODUCE DHS RECORD FILED BY DEFENDANT ON 04/05/2011 04/12/2011 HEARING CONFERENCE SCHEDULED FOR 04/14/20]1 @ 1:00 THOMAS D WARREN , JUSTICE NOTICE TO PARTIES/COUNSEL 04/12/2011 HEARING CONFERENCE NOTICE SENT ON 04/12/2011 04/12/2011 MOTION MOTION IN LIMINE, RULE 17 DENIED ON 04/11/2011 THOMAS D WARREN , JUSTICE SEE ORDER ACCORDINGLY TIll': DEFENSE'S MOTION IN LIMINE ARE DENIED WITHOUT PREJUDICE TO RENEWAL IF THE DEFENSE MAKES A SUFFICIENT SHOWING THAT THERE IS SOME BASIS FOR IT'S REQUEST BEYOND WHAT IS SUGGESTED TO DTAE. THE COURT HAS NOT REVIEWED THE RECORDS IN QUESTION IN CAMERA AND ORDERS THAT THE RECORDS REMAIN SEALED IN THE EVENT THAT THE DEFENSE MAKES A FURTHER SUBMISSION Page 2 of 3 Printed on: 04/12/2011 DYLAN RJ\MS !/Y CUMCD-CR-2010-08527 DOCKET RECORD 04/12/2011 ORDER COURT ORDER FILED ON ?4/11/2011 THOMAS D WARREN , JUSTICE MOTION IN LIMINE, RULE 17 HELD ON 04/05/2011 04/12/2011 HEARING THOMAS D WARREN , JUSTICE Attorney: RUBIN SEGAL DA: MEGIN ELAM MOTION IN LIMINE HELD. RECORDS RECEIVED UNDER SEAL AND IMPOUNDED. AFTER HEARING MOTION IS UNDER ADVISEMENT 04/12/2011 OTHER FILING OTHER DOCUMENT FILED ON 04/05/2011 RECORDS RECEIVED FROM MMC & SCHOOL UNDER SEAL AND IMPOUNDED 04/12/2011 HEARING - DISPOSITIONAL CONFERENCE HELD ON 04/06/2011 KEEP ON TRIAL LIST 04/12/2011 MOTION MOTION IN LIMINE, RULE 17 DENIED ON 04/11/2011 THOMAS D WARREN , JUSTICE SEE ORDER A TRUE COPY ATTEST: Clerk '" Page 3 of 3 Printed on: 04/12/2011

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.