STATE OF NORTH CAROLINA

COUNTY OF STANLY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

FILE NO.:

 

 

                          


                                                      )

STATE OF NORTH CAROLINA              )

                                                      )        MOTION     

vs.                                                   )

                                                      )

                           )

                           )

                                    Defendant     )

                                                      )

 

         NOW COMES THE STATE OF NORTH CAROLINA, by and through the undersigned Assistant District Attorney and Moves the Court for an order to disclose the medical records of the above named defendant created on or about 4 August 2000 at Stanly Memorial Hospital pursuant to NCGS 8-53 and 8-53.3.  In support of said Motion, the State shows the Court the following: 

 

  1. Twelve year old William Henry “Billy” Huddleston, III disappeared from Oakboro on 25 July 2000 and his body was discovered on 28 July 2000 in Union County; and,
  2. On 4 August 2000, a search warrant was executed on the residence of the above named defendant by North Carolina State Bureau of Investigations and the Stanly County Sheriff’s Office; and,
  3. Following the search, the defendant was questioned at the Oakboro Police Department by law enforcement officers; and,
  4. During this interview, defendant made incriminating and exculpatory statements to the law enforcement officers; and,
  5. During the interview, the defendant’s brother came to the Oakboro Police Department and expressed suspicions that the defendant had ingested a quantity of muscle relaxants prior to the defendant going to the Oakboro Police Department for the interview; and,
  6. Upon learning this information, law enforcement officers investigated the nature and effects of the suspected medication and questioned the defendant about whether he had taken the muscle relaxants, but the defendant denied taking the medication; and,
  7. As the interview continued, officers noticed behavior on the part of the defendant consistent with the reported symptoms of the muscle relaxants; and,
  8. EMS was notified and transported the defendant to Stanly Memorial Hospital where he was examined by emergency and mental health personnel; and,
  9. Following the defendant’s release from the hospital on the afternoon of 4 August 2000 the defendant was arrested for the First Degree Murder of Billy Huddleston; and,
  10. The information contained in the defendant’s medical records from 4 August 2000 may be relevant to the admissibility of the defendant’s statements, to the defense for mental health evaluation and is thus necessary for the proper administration of justice pursuant to NCGS 8-53 and 8-53.6.

 

WHEREFORE THE STATE RESPECTFULLY PRAYS THE COURT:

 

  1. Find that release of the medical and mental health records from Stanly Memorial Hospital for the above named defendant from 4 August 2000 are necessary for the proper administration of justice in the above referenced case; and,
  2. That said records be released to the Twentieth Prosecutorial District Attorney’s Office for use by the State and the Defendant in the above referenced murder case. 

         This the _____ day of ______________________, 20_____.

 

 

 

 

                                                      ____________________________________

                                                      Michael D. Parker

                                                      Chief Assistant District Attorney

                                                      20th Prosecutorial District

                                                      Post Office Box 1065

                                                      Monroe, North Carolina 28111-1065

                                                      (704) 289-3340