Judge reverses ruling, retains confidentiality

By Ken Kobayashi
Advertiser Courts Writer

A state judge ruled yesterday that he will not require the Sex Abuse Treatment Center to provide statements from an alleged sexual-assault victim so that he can decide whether to provide any of them to the defense.

Circuit Judge Richard Pollack last week ruled that under the U.S. Constitution, the private agency must provide him the statements despite the passage of a state constitutional amendment Nov. 2 aimed at keeping those records confidential.

But after Attorney General Mark Bennett requested that the judge reconsider the issue, Pollack issued a four-page decision setting aside last week's ruling.

The case involves Walter Griffin, who is charged with sexually assaulting an 8-year-old girl.

Griffin's lawyer, William Harrison, was seeking the records to see if the girl, now 16, had made inconsistent statements, recanted the allegations or provided information helpful to the defense. Harrison said he will still try to get the records at trial.

Voters approved the amendment to the Hawai'i Constitution to give the Legislature the authority to keep confidential alleged crime victims' statements to counselors.

Those statements currently are confidential under state law, but Pollack ruled last week that under the U.S. Constitution, he wanted to determine in a private review whether the defense should get any of those documents. Yesterday, he ruled that U.S. Constitution due-process rights to turn over records apply to government agencies, not to private ones.

But the judge left the door open for the defense to again seek the statements based on the U.S. Constitution at the trial, but only under specific circumstances and only if the defense can show the need for the information overcomes the state confidentiality law.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.