In re AL is a discovery case based on a complaining witness's Writ Petition.
The defense discovery request asked for
“[a]ny relevant personnel, medical, and mental health records of any complaining witness . . . to include records in the possession of the Family Advocacy Program (FAP) . . . .”
Trial Counsel got
"575 pages of medical records, including 42 pages of FAP records."
Trial Counsel thought some information was relevant.
After litigation, and over the SVC's objection the military judge ordered production to the defense without redaction or reviewing in camera. Essentially,
"As noted above, the military judge’s order did not address Mil. R. Evid. 513 at all. Therefore, we cannot be certain how the military judge analyzed the application of the rule."
Disclaimer: Posts are the authors' personal views and do not reflect the position of any organization or government agency.
-Current Term Opinions
Joint R. App. Pro.