Luhdorff

The prosecution seeks access to written records relating to conversations between petitioner and Julio Gramajo, a clinical social worker.

An information filed in Tulare County Superior Court charged petitioner with burglary (Pen. Code, § 459), kidnaping (Pen. Code, § 207, subd. (a)), forcible rape (Pen. Code, § 261, subd. 2), assault with intent to commit rape (Pen. Code, § 220), and unlawful intercourse with a female under age 18 (Pen. Code, § 261.5). It was further alleged petitioner personally used a firearm in violation of Penal Code section 12022.5 in four of the charged offenses.

The district attorney filed a motion to deny the psychotherapist-patient privilege (Evid. Code, §§ 1010-1028) and discover communications between petitioner and Julio Gramajo. The court ruled the communications did not fall within the psychotherapist-patient privilege and even if they did, the records indicated petitioner was a danger to others, i.e., the victim, and therefore the documents were discoverable. However, the court noted the probability that release of these records would have a devastating effect on petitioner’s defense. Therefore, release of the records was stayed to enable…