In a court controversy that could have statewide repercussions, a Western Slope coroner said he is prepared to go to jail to protect the privacy of a victim’s psychiatric records in a high- profile murder case.
Montrose County Coroner Mark Young refused last week to give the records to attorneys for the two men accused in the July 30 killing of Kevin Hale, an openly gay Montrose man. Under court order, he gave the files to District Judge John Mitchel to review in private.
Young said he will fight at a hearing Wednesday to keep those records from further release.
“If he (the judge) finds me in contempt and orders me to jail, so be it,” Young said Monday. “I believe this could curtail people in the future from seeking psychiatric care if their records could become public if they become the victim of a crime.”
The psychiatric records are at issue in the defense of Jason Fiske, 24, and Adam Hernandez, 21, who face first-degree murder charges in Hale’s death.
At the time of his death, Hale, 37, had been under psychiatric care and was taking psychiatric medications, according to family and friends.
Young said he needed Hale’s psychiatric records – part of 300 pages of medical files – to help in making a determination about the cause of death. When Hale’s body was found, he had little sign of visible trauma. Some of his medications had spilled out of his pocket.
Montrose Public Defender Harvey Palefsky said he is arguing for release of the records under the due process clause that requires that all information relevant to a case be turned over to defense attorneys. Palefsky said he did not have access even to Hale’s death certificate until Thursday, when Young was ordered to bring it into court.
Prosecutor Mark Adams said Young is properly following statutes governing coroners.
Dr. Mike Doberson, president of the Colorado Coroners Association, said this could be a test case for Colorado because the issue of what a coroner can reveal “is really a murky area.”
“These are things we all struggle with. As coroners, we have access to all medical information pertaining to victims,” Doberson said. “We can release things we generate in our office, but as far as releasing records generated elsewhere, that’s something else.”
Gay-rights activists who have been watching the case as a possible hate crime argue that the release of Hale’s psychiatric and medical records could lead to an erosion of victims’ rights.
Staff writer Nancy Lofholm can be reached at 970-256-1957 or nlofholm@denverpost.com.
