Articles Tagged with subpoena

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When a cadet knocked on the door of a Northwestern Michigan residence to serve a subpoena, he was reportedly greeted by a 5-year-old who was first holding a knife and then a loaded gun.

On January 25, a situation at a home in Battle Creek culminated in weapons and neglect charges being pursued through the Calhoun County Prosecutor’s Office. It began when a Battle Creek Police Department cadet went to the residence to serve one of the people who live there with a subpoena, and the door was reportedly opened by a 5-year-old holding a knife. The cadet asked them to get an adult, but when the youngster came back, they were allegedly holding a gun that was believed to be loaded.

The cadet was able to take the handgun away from the child without incident, and additional law enforcement from the Battle Creek Police Department showed up at the residence. When the officers entered the home, they reported that a woman and two men were there and that five youngsters between the ages of 8 months and 6 years old also lived there. The woman’s dad later identified her as the mother of the children, and one of the men at the home was the father of one of the kids.

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It is common for children to be placed in therapy when sexual abuse is either suspected or alleged. In fact, police departments, social workers and child abuse investigators will frequently refer cases to child therapists that they believe will assist with disclosure or treatment of sexual abuse.

It is critical that criminal defense attorneys, representing clients in molestation or sexual abuse cases, get any and all therapy records and examine the records for impeaching or exonerating evidence.

Therapists are mandated reporters under California law. If a therapist has made an official report saying that a child claimed abuse, that information will be discoverable and should simply be listed in a police report. Attorneys should issue a subpoena duces tecum or “SDT” to the therapist for all records regarding the child, including emails, notes, billing statements, photocopies of books and photographs of toys that were used as part of the therapy.

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