State v. Roy
In State v. Roy, 151 Vt. 17, 32, 557 A.2d 884, 893 (1989), defendant was charged with simple assault on a police officer. He sought access to IAU records concerning the victim/officer so that he could show the violent character of same.
In that decision, the Court noted that "we do not exclude the possibility that a defendant could have access to internal investigation files in a proper case and in a proper manner." Roy, 151 Vt. at 35, 557 A.2d at 895. 6
In Roy, the Court affirmed the denial of access to the internal investigation file based on three reasons:
(1) the procedural posture of the case, including the fact that defendant's discovery motion was untimely;
(2) the defendant failed to make a sufficient case of need under the circumstances;
(3) the statutory privilege makes no provision for access to the confidential information by the courts. 151 Vt. at 34-35, 557 A.2d at 894.
The Court then noted that the decision did not "exclude the possibility that a defendant could have access to internal investigation files in a proper case and in a proper manner." Id. at 35, 557 A.2d at 895.