Circuit Court Judge Edward Hogshire recessed a hearing held last night in George Huguely's defense case until Nov. 7, delaying a decision on whether Huguely's attorneys will be able to access Yeardley Love's medical records.
The hearing was intended to address a motion filed last week by the defense team of the former University student and lacrosse player, who is facing a first-degree murder charge for the death of Love, also a University student and lacrosse player.
Last December, a general district court judge granted Huguely's attorneys access to records pertaining to Love's prescription for Adderall, but the judge denied the defense access to Love's full medical records which have been sealed in the Charlottesville Circuit Court since then.
In her opening statement, defense attorney Rhonda Quagliana said she thought it would be inappropriate to discuss the nature of the medical records during last night's public hearing because of concerns about Love's right of patient confidentiality.
On these grounds, the defense asked Hogshire to consider holding the Nov. 7 hearing in private. Commonwealth's Attorney Dave Chapman agreed that these motions should be private, especially to control public access to information about the records that might compromise the impartiality of potential jurors.
November's hearing will establish exactly which medical records defense attorneys are seeking, reasons why access should be granted and whether or not the hearing should be private or in open court.
Chapman dismissed the idea that the defense should be granted access to Love's records.
"We still don't have a factually valid subpoena request," he said.
In the meantime, lawyers on both sides requested that Hogshire review the full transcript from last April's nine-hour preliminary hearing before the November hearing. The transcript includes testimony from Virginia Chief Medical Examiner William Gormley, who maintained that Love died from blunt force trauma to the head.
A grand jury indicted Huguely, 24, last April on six charges: first-degree murder, felony murder, robbery, burglary, statutory burglary and grand larceny. His trial is scheduled for Feb. 6-17 in Charlottesville Circuit Court.
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