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.
