Top, L-R: Sean Mulveyhill, Kayla Narey, Austin Renaud. Bottom, L-R: Ashley Longe, Flannery Mullins, Sharon Chanon Velazquez.
Posted on 04/11/2010 8:52:46 PM PDT by jerry557
The attorney for one of six South Hadley High School students accused of bullying Phoebe Prince in the months leading up to her suicide is asking for highly personal information about her, a move decried by a former prosecutor and victims advocates as “unconscionable.”
In a six-page motion filed in Northampton Superior Court, Terrence M. Dunphy, the lawyer for Austin Renaud, asks for the names of any physicians, psychologists or rape counselors Prince saw; any medical and psychological records viewed by the prosecutor; details of any prior allegations of rape or abuse by Prince; and a statement as to whether her family had been the subject of a Department of Children and Families investigation.
“It’s standard procedure,” Dunphy, whose client is one of two boys charged with statutory rape, said of the request. “The document speaks for itself. I’m not explaining anything.”
Wendy Murphy, a former prosecutor who teaches at the New England School of Law, called the move “unconscionable,” arguing that the state’s highest court has ruled that the defendant in a criminal case is not entitled to a “laundry list of everyone the victim’s ever been treated by.”
There is a “very narrow” exception, Murphy said, in which the defense has to explicitly show there is something in the alleged victim’s file that will affect the defendant’s chance of a fair trial.
“But in this case, it’s not only overly broad, it’s exceedingly premature,” she said, adding that Prince never accused anyone of statutory rape - consensual sex with a minor. “I can only see it as a threat to unveil all the family secrets.”
If Dunphy pursues it, Murphy said, prosecutors have a right to “reciprocal discovery,” or the same type of information about the defendants.
(Excerpt) Read more at bostonherald.com ...
You didnt read the article...
This particular person is ONLY being charged with statutory rape...not the bullying or the suicide.
Dosen't seem normal to me if this is a criminal case, only if it's civil.
They’re not bullies they’re rapists, dumbass.
They are entitled to mount a defense. Unlike some here, I believe they are entitled to a trial and to defend themselves against the charges. Amazing the posts on these threads... lynch mob mentality.
Wendy Murphy, a former prosecutor who teaches at the New England School of Law, called the move “unconscionable,” arguing that the state’s highest court has ruled that the defendant in a criminal case is not entitled to a “laundry list of everyone the victim’s ever been treated by.”
Yes I read that... doesn’t mean I agree with it... so post away and get your noose ready. I can see you want to hang these “defendants”... why have a trial at all?
“This particular person is ONLY being charged with statutory rape...not the bullying or the suicide.”
From the article: “The attorney for one of six South Hadley High School students accused of bullying Phoebe Prince in the months leading up to her suicide is asking for highly personal information about her, a move decried by a former prosecutor and victims advocates as “unconscionable.”
I don't really think it matters whether or not that you agree or disagree with the state supreme court.
There is very little evidence presented in these news stories and you are ready to convict every defendant based on sensationalist news reports! They may be guilty of bullying (not sure that is a punishable crime - how do you measure it... next time you say something mean to someone at work and they go home and overdose on Unisom... should you be arrested?), but they are entitled to a defense and their attorneys are obligated to defend them.
No, it's a mobbing, which is a coordinated, extensive and premeditated psychological attack to cause harm to someone. Driving them to suicide is called "intentional harm" - and that turns the suicide into homicide.
Any of you have teens who coordinated vicious psychological mobbing attacks over a period of months with intent to destroy - and then write gleeful facebook posts celebrating the death? Is THAT what you mean by "teens who are mean"?
As long as this is still America, it matters a very great deal. You see, we tend not to bow and scrape in this country, unlike wherever it is you crawled in from. Why don't you take your riding crop and sit on it?
Where the hell do you get all of this crap that you are attributing to me? Where have I said that anybody should be convicted? Can you quote that back to me? No, you can't. I have not taken any such position. All I'm saying is that these accused criminals and their lawyers should not be allowed to slime and desecrate that dead girl in court, as you seem to be so much in favor of. Now get off of my back, and stop making false accusations about what I have and have not stated, unless you can quote me.
Who rang your chime?
You first posted to me Einstein... You are obviously against these defendants mounting a defense... just read through your posts! Have a nice day.
You. I agree with your defense of the victim, but telling people not to question the powers that be pisses me off - we happen to be losing the country to that kind of thinking.
It's not my fault there's more than one thing going on here. I already posted the perps should fry on primetime TV.
Top, L-R: Sean Mulveyhill, Kayla Narey, Austin Renaud. Bottom, L-R: Ashley Longe, Flannery Mullins, Sharon Chanon Velazquez.
On Jan. 7, according to the documents, Prince went to a school administrator after learning that one of the defendants, Flannery Mullins, had told fellow students that she was going to “beat Phoebe up” and that she “needed to watch out at break after second block.”
The documents do not reveal the official to whom Prince spoke or provide details of the conversation.
A witness who was interviewed by investigators said Prince had gone to administrators because she was “scared and wanted to go home.” After the meeting, the witness said Prince returned to class, and said that no action was going to be taken and that “she was still going to get beat up.”
In a recent interview, Superintendent Gus Sayer said school administrators were not aware of the bullying until Jan. 7, a week before Prince committed suicide. On that day, two teachers reported separate bullying incidents to the principal, Sayer said.
In one incident, a student walked into Prince’s classroom and yelled at her. In the other, a teacher overheard several students in the cafeteria making remarks about Prince “that appeared to be threatening.”
“Even though they weren’t made to her directly, he reported that to the principal,” Sayer said.
The principal “took immediately disciplinary action against both students,” Sayer said. He would not say what kind of action was taken, citing school privacy rules.
http://www.masslive.com/news/index.ssf/2010/04/court_documents_phoebe_prince.html
Since you seem so bound and determined to slime and desecrate this dead minor girl’s memory it occurs to me to wonder, are you possibly a member of the Westboro Baptist Church? Have a good nite.
"Against both students" means, in this day and age, that Phoebe Prince was disciplined as well as the perps when the perps threatened Phoebe.
Good going, principal. Phoebe's dead, but at least you held up the "zero tolerance/total faculty cowardice" protocol.
You are a despicable slug, that is just hunkering for a fight. Sorry... I'm not going to play... good night crazy person.
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