PHILADELPHIA – Per an order from a state court judge, counsel for an assault victim has been granted the opportunity to receive all records pertinent to the case from Lebanon City law enforcement officials.
Jazzie Battle of Lebanon filed a writ of summons in the Philadelphia County Court of Common Pleas on Feb. 22 versus Amaviles P. Martinez, also of Lebanon.
On Nov. 24, 2016, Martinez allegedly attacked Battle, an incident investigated by the Lebanon City Police Department. Four days later, Martinez was charged with one count of aggravated assault and one count of simple assault.
Eight months later, on July 25, 2017, Martinez pled guilty to one count of an amended aggravated assault charge and the count of simple assault. On Oct. 18, 2017, Martinez was given a minimum sentence of 15 months in a State Correctional Institute, with a maximum sentence of 3 years on the amended aggravated assault charge. The simple assault charge merged for sentencing purposes.
Though a complaint in the matter was not filed, Battle’s counsel filed a notice of records deposition and subpoena for the production of certain, requested records on April 13. It called for Assistant District Attorney Benjamin D. Baker of the Lebanon County District Attorney’s Office to appear at a scheduled deposition and bring “all records, reports, statements, photographs, videos, investigative files, case files, search warrants and discs” on the related criminal docket.
The Commonwealth of Pennsylvania then filed a Motion to Quash this request on April 24.
“In Pennsylvania, the Criminal History Record Information Act (CHRIA) governs the dissemination of protected information possessed by law enforcement agencies. CHRIA delineates the type of criminal justice information which may be released to criminal justice agencies and non-criminal justice agencies,” the motion read.
“Plaintiff, or the Court, would not be within the definition of a criminal justice agency as contemplated by the CHRIA. Further, neither would be considered a non-criminal justice agency that is providing a service for which a criminal justice agency is responsible. As a result, disclosure of criminal, investigative information is prohibited.”
The subpoena called for what amounted to all records in the possession of the Lebanon County District Attorney’s Office.
“All subpoenaed records were assembled as the result of a formal inquiry made by the Lebanon City Police Department. The inquiry was into a criminal incident and/or an allegation of criminal wrongdoing. Despite the restraints imposed by CHRIA, counsel for the plaintiff has demanded production of all documentation with respect to the criminal aggravated assault case against the defendant. The entirety of the records subpoenaed by plaintiff are in violation of the CHRIA and therefore, the subpoena should be quashed,” the motion stated.
On May 18, Philadelphia County Court of Common Pleas Judge Arnold L. New ordered the Commonwealth’s Motion to Quash was denied.
“The subpoena issued by the plaintiff to the Lebanon County District Attorney’s Office shall issue as written and the Commonwealth shall comply, excluding any documents protected by the attorney work-product privilege or any other privilege. The records shall be delivered to plaintiff’s counsel within 30 days of the docketing of this order. Plaintiff shall pay the costs of the production of documents under the attached subpoena,” the order read.
The plaintiff is represented by Kevin R. Marciano and Patrick D. MacAvoy of Marciano & MacAvoy, in Media.
The petitioner is represented by Baker of the Lebanon County District Attorney’s Office, in Lebanon.
Philadelphia County Court of Common Pleas case 180202139
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com