Alperin

ORDER DENYING GOVERNMENT’S MOTION TO QUASH SUBPOENA FOR PRODUCTION OF MEDICAL FILES OF JUDITH C. PENNEY

Defendant Howard Alperin is charged with assaulting a United States Customs Inspector performing official duties, in violation of 18 U.S.C. § 111 (a)(1). The Inspector alleges that defendant shoved her without provocation; defendant claims that the Inspector first forcibly grabbed his shoulder and that he then pushed the taller and heavier woman away in self-defense.

As part of its initial disclosure, the United States provided defendant with a letter from Psychiatrist Lennart Moller, M.D., stating that Dr. Moller has treated the Inspector for depression since September 1, 1999, and that since the incident of January 14(sic), 2000, she has suffered “a marked worsening in her depression.” Defendant then subpoenaed the Inspector’s psychiatric records. The. Inspector asserted her psychotherapist-patient privilege not to disclose those records. The government now moves to quash the subpoena.

The United States argues that the subpoena should be quashed because the Inspector’s psychiatric records are protected as confidential communications between a patient and her psychiatrist,…