State v. Gagne

In State v. Gagne, 136 N.H. 101, 612 A.2d 899 (1992), the defendant had requested "any and all statements of witnesses, reports, and records, in the custody of the DCYS ... and any and all reports or results... of any psychiatric or psychological examination of the alleged victims in this case." Gagne, 136 N.H. at 103. The requested materials were "confidential under the Child Protection Act, see RSA 169-C:25, III (Supp. 1991), and ... also subject to a limited privilege, see N.H. R. Ev. 503; RSA 330-A:19 (Supp. 1991) (psychologist-patient privilege); RSA 329:26 (Supp. 1991) (physician-patient privilege)." Id. "Thus, neither the prosecution nor the defendant had access...." Id. The court recognized that "due process considerations require trial courts to balance the State's interest in protecting the confidentiality of child abuse records against the defendant's right to obtain evidence helpful to his defense." Id. at 105. The court went on to provide that "an in camera review of such records provides a 'useful intermediate step between full disclosure and total nondisclosure.'" Id.