Foster’s attorneys seek documents

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Courts > Questions surround Schamber’s reasons for failing to answer subpoenas

By Tris DeRoma

Attorneys representing clients being subpoenaed by the attorneys representing former Los Alamos Police Commander Randy Foster met again in district court last week.
This time, the issue was whether Foster’s attorneys can compel a psychologist who was treating former officer Brian Schamber to hand over documents related to his treatment for trial.
In his argument against handing over the documents, David Berlin, an attorney representing psychologist Bradford Richards, referenced a court decision that successfully prevented another doctor from handing over documents in a similar case.
“...It’s to protect confidential communications made during treatment of a patient’s mental or emotional condition from disclosure during court proceedings, the precise thing the plaintiff is trying to do now, is what this rule was sought to prevent,” said Berlin in district court Tuesday. Berlin also used other legal arguments in other cases to further his argument.
Judge Raymond Ortiz however said that in this case, the consultation given the nature of the circumstances, was “quasi public” and so release of the documents should be considered.

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