Attorneys for the former University of Virginia lacrosse player accused of killing a fellow student will seek to obtain the victim’s medical records today in Charlottesville General District Court.
City Commonwealth’s Attorney Dave Chapman, however, argues that the requests from George Huguely’s legal team are far too sweeping.
“The requests are grossly overbroad, in that they relate without limitation to any time period, any medical condition, any treatment, or the like, irrespective of relevancy to the events giving rise to the charge against the defendant and the pending proceedings,” Chapman said in a motion to block the requests.
Chapman argues that law enforcement hasn’t made a medical records request because there is no relevant basis to support it and that the defense doesn’t have a relevant basis to support it, either. The court document said the prosecutor would cooperate with “an appropriately narrow request for medical records upon finding that a sufficient basis in relevancy exists.”
Huguely’s lawyers filed subpoenas for victim Yeardley Love's medical records last month. Chapman responded with his motion, seeking to quash the subpoenas.
The subpoenas, which were filed in the city general district court clerk’s office, were directed toward the custodians of medical records through UVa’s departments of student health and athletics and local lawyer Lair Dayton Haugh. Haugh’s role in the matter is not disclosed in the subpoenas.
The subpoenas request “complete medical treatment and prescription records, without limitation. … Including all lab or test reports or results, notes, memos, charts and correspondence.”
In an attachment to the subpoena request for Haugh, a request was made for all records and documents relating to the May 3 call to service to Love’s apartment on 14th Street Northwest. Chapman’s motion said the prosecutor wouldn’t object to a new subpoena directed toward the Charlottesville-Albemarle Rescue Squad’s records custodian using that event-specific language instead of toward Haugh.
Chapman and Huguely’s lawyers have not returned repeated recent calls about the case. Sharon Love, Love’s mother, wrote in a letter directed toward the court’s clerk that she also objects to the subpoenas for her daughter’s medical records.
Huguely, 23, has been charged with first-degree murder in connection with the 22-year-old Love’s death. Authorities have said Love, whose body was found in her home on May 3, died of blunt-force trauma. Huguely and Love were both on the university’s lacrosse team and previously dated.
Dr. William Gormley with the chief medical examiner’s office in Richmond has been subpoenaed to appear for today’s hearing, according to court records. Huguely signed a document on Monday waiving his right to appear during today’s hearing.
Huguely still is scheduled to have a preliminary hearing on the charge on Jan. 21.
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