[DV_listserv] News from OCVLC - 3/1/2012

Thu Mar 1 14:20:25 PST 2012

From: Oregon Crime Victims Law Center [mailto:info at ocvlc.org]<mailto:[mailto:info at ocvlc.org]>
Sent: Thursday, March 01, 2012 2:02 PM

Having trouble viewing this email? Click here <http://campaign.r20.constantcontact.com/render?llr=walcqvhab&v=0015_lm2NH4ZFKdX8P-0um9vS4sD-xE23yFVCZHqleJWlkdtwgvQ9AvujcSoueuOuCZGLGeboo1_zxuIHIyiwe_0uAEMFAZKF-oAq6c_yUr7S85EUmJOmrivDdatDJQBP5f>

[cid:image001.jpg at 01CCF7B4.710579E0]

NEWS FROM OCVLC

This news digest is designed to keep you informed about our work and how it is making a positive difference in the lives of crime victims in Oregon.

Domestic Violence Victim Spared from Disclosing her DHS and Mental Health Records

A Multnomah County judge has granted the Oregon Crime Victims Law Center's motion to quash a subpoena that was seeking all of a domestic violence victim's Department of Human Services (DHS) records and mental health treatment records.

The defendant, who is accused of stabbing the victim, had sought an in camera review of any and all records that might be held by DHS relating to the victim, as well as any records of any kind of mental health treatment that the victim may have sought.  There was no time limitation on the defendant's request, and the defendant had no actual knowledge of whether the records even existed.  At a lengthy hearing in front of Judge Eric Bergstrom, the defense attorney argued that the defendant was entitled to an in camera review of the records because he was attempting to show that the victim had a "history of violence."

Rosemary Brewer, Oregon Crime Victims Law Center's Legal Director,  argued that DHS and mental health records are privileged, and as such, require a showing that there is information in the records that is likely to be material, favorable to the defendant, and admissible as evidence before they must be produced to the defense.  Referring to Brewer's citation to Kahn v. Pony Express Courier Corp., 173 Or App 127 (2001), the Court denied the defendant's motion for an in camera review and granted the motion to quash on the grounds asserted by the victim's counsel.

Yamhill County Crime Victim's School and Medical Records Protected

A judge in Yamhill County has limited the release of a sexual assault victim's records after a hearing in which the Oregon Crime Victims Law Center represented the victim.

The defendant in the case had sought to have the trial judge review all of the victim's medical, mental health, and school records for potential release to him.The Oregon Crime Victims Law Center opposed the release on the grounds that the request violated the victim's constitutional right to privacy and the doctor-patient and psychotherapist-patient privileges, and because the defendant had not shown that there was information in the records that would be favorable and material to his defense.

Legal Director Rosemary Brewer filed a motion asking the court to withhold the records from the defendant, and following a hearing on February 7, Judge John L. Collins granted the motion in part, strictly limiting the records that were released to the defendant. None of the victim's school or medical records were released, and only very limited portions of the victim's therapy records were released.

 ANNOUNCEMENTS

An integral part of the Oregon Crime Victims Law Center's mission is to educate the public about crime victims' rights and to provide training on those rights to professionals and entities who help crime victims.

March 23- The Oregon Crime Victims Center will be providing a presentation to Lewis and Clark's law students about crime victims' rights and the OCVLC's work helping victims assert and enforce these rights.

April 6- OCVLC Legal Director Rosemary Brewer will be a presenter at a CLE about victims' rights for the Criminal Law Section of the Oregon State Bar.

OCVLC is a non-profit, 501(c)(3) organization that provides no-cost direct legal representation and advocacy services to crime victims in Oregon.

For more information about OCVLC, visit www.ocvlc.org <http://r20.rs6.net/tn.jsp?et=1109404311847&s=17&e=001BlIwSdqLU-kHSxjoQyhoUBEmpoPKgnJlHDkAYJAyGU9RrXnM6-yNtxHmby1fy0Lv5RhdwbvVIBc7uT6i4k_b7JpbUgM-xEO5OqNrgtLBxDU=>

BOARD OF
DIRECTORS

Hardy Myers,

President and Founder

Steve Doell,

Vice President and Founder

Erin K. Olson,

Secretary, Treasurer

and Founder

John Stein,

Member and Founder

Peter Glazer,

Member

Alan C. Bonebrake,
Member

Maria Chavez-

Haroldson,

Member

Peter L. Deuel,

Member

Christine Herrman,

Member

Ronita Sutton,

Member

Elisabeth Zeller,

Member

STAFF

Rosemary Brewer,

Legal Director

Cristina Damiani,

Admin. Director /
Victim Advocate

PRO BONO
ATTORNEYS

Olufunmike "Fumi"Owoso
Lillian Salminen
Janine Robben

Donate to OCVLC<http://r20.rs6.net/tn.jsp?et=1109404311847&s=17&e=001BlIwSdqLU-mfEWKfKEzRq4fydD34fQqXGlaVHd1tfMbI2A7uO5vu_HXUI8dDBX_zj7fo21XVWRjo6aGfgOwIliwuWXgRnD6uuKBIwXXWLCnZExlEC0qyhTWKZL29VpR7W7j52aYwdvZYt4-bUB6zWcyt0EARbdEy>

Volunteer Opportunities <http://r20.rs6.net/tn.jsp?et=1109404311847&s=17&e=001BlIwSdqLU-mzwpSGehXmEEUf8d_FwU6q7u9zD-PblZMcIsP29JH6sH5FxF7CK4g5jd5oMPm1rQBXA9jeBfug57G2Jf5svtpy35uUARsHnRZD3TxCPF-KtyOCTpy68joRcE6jM0CQf-o=>

 Our Thanks<http://r20.rs6.net/tn.jsp?et=1109404311847&s=17&e=001BlIwSdqLU-lH6BWtEKY-RjIg6vld7Rf3mtaco5eMsV8AlJRgxi8Ek0sDqtzvgIE1V4-Ba5TjHxHiHvEpJ2zaqq1TxQa_uUwMnV0UGDNUXVH_ZM4ytH37Hw==>

[cid:image003.jpg at 01CCF7B4.710579E0]<http://visitor.r20.constantcontact.com/email.jsp?m=1107749317654>

Oregon Crime Victims
Law Center

310 SW 4th Ave.,
Suite 535
Portland, OR 97204

(503) 208-8160
F (866) 838-4142
www.ocvlc.org<http://r20.rs6.net/tn.jsp?et=1109404311847&s=17&e=001BlIwSdqLU-kHSxjoQyhoUBEmpoPKgnJlHDkAYJAyGU9RrXnM6-yNtxHmby1fy0Lv5RhdwbvVIBc7uT6i4k_b7JpbUgM-xEO5OqNrgtLBxDU=>

Forward email<http://ui.constantcontact.com/sa/fwtf.jsp?llr=walcqvhab&m=1107749317654&ea=shirley.a.didier%40doj.state.or.us&a=1109404311847>
[cid:image004.png at 01CCF7B4.710579E0]<http://visitor.constantcontact.com/do?p=un&mse=001VpQ-i8MZi9Vuy3S92Zd0QnBVbOyIZ4Mc&t=0011CVLPS_PbgejPSDWIPrLyA%3D%3D&llr=walcqvhab>

[cid:image005.jpg at 01CCF7B4.710579E0]<http://www.constantcontact.com/index.jsp?cc=TEM_RSS_004>

This email was sent to shirley.a.didier at doj.state.or.us<mailto:shirley.a.didier at doj.state.or.us> by info at ocvlc.org<mailto:info at ocvlc.org> |
Update Profile/Email Address<http://visitor.constantcontact.com/do?p=oo&mse=001VpQ-i8MZi9Vuy3S92Zd0QnBVbOyIZ4Mc&t=0011CVLPS_PbgejPSDWIPrLyA%3D%3D&llr=walcqvhab> | Instant removal with SafeUnsubscribe<http://visitor.constantcontact.com/do?p=un&mse=001VpQ-i8MZi9Vuy3S92Zd0QnBVbOyIZ4Mc&t=0011CVLPS_PbgejPSDWIPrLyA%3D%3D&llr=walcqvhab>(tm) | Privacy Policy<http://ui.constantcontact.com/roving/CCPrivacyPolicy.jsp>.

Oregon Crime Victims Law Center | 310 SW 4th Avenue | Suite 535 | Portland | OR | 97204

*****CONFIDENTIALITY NOTICE*****

This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system.

************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20120301/00ea00d1/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 8535 bytes
Desc: image001.jpg
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20120301/00ea00d1/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 167 bytes
Desc: image002.png
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20120301/00ea00d1/attachment.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 2473 bytes
Desc: image003.jpg
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20120301/00ea00d1/attachment-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 2338 bytes
Desc: image004.png
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20120301/00ea00d1/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 956 bytes
Desc: image005.jpg
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20120301/00ea00d1/attachment-0002.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.gif
Type: image/gif
Size: 43 bytes
Desc: image006.gif
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20120301/00ea00d1/attachment.gif>
-------------- next part --------------
An embedded and charset-unspecified text was scrubbed...
Name: ATT00001.txt
URL: <https://omls.oregon.gov/pipermail/dv_listserv/attachments/20120301/00ea00d1/attachment.txt>