STATE OF NEW JERSEY VS. BRANDON KANE A-2739-13T2
Defendant was convicted of aggravated assault, kidnapping, and other offenses. His victims were his long-time girlfriend and the host of a party they attended. Defendant contends, as his principal point on appeal, that the trial judge mistakenly denied his pre-trial motions to compel production of his girlfriend's mental health and medical records. The court concludes that the requested records were privileged, and defendant failed to demonstrate grounds to pierce the privilege. Furthermore, even apart from issues of privilege, defendant failed to meet the heavy burden the Supreme Court has applied to requests for discovery outside Rule 3:13-3. The court also questions whether any relief would have been appropriate absent notice to the third-party victim whose records defendant sought.