In Re Grand Jury Proceedings
Opinion
Opinion
Jane Doe, target of a grand jury investigation, appeals the district court’s denial of motions to quash subpoenas directed to three witnesses, who contend that the requested production would violate the psychotherapist-patient privilege, Doe’s right of privacy, and Doe’s right to be free from self-incrimination under the fifth amendment. We affirm.
FACTS AND PROCEEDINGS
In 1985, Doe’s infant child died on a federal reservation within the Special Federal Maritime and Territorial Jurisdiction of the United States. Since the child’s death, Doe has been under the psychiatric care of John Roe, M.D.
Doe contends that the cause of death was Sudden Infant Death Syndrome (SIDS). Because murder ( 18 U.S.C. § 1111 ) was suspected, a joint investigation was conducted by the Federal Bureau of Investigation and the Army Criminal Investiga tion Division. A federal grand jury is also investigating the death.
As part of its effort to gather evidence, the government sought to compel production of Doe’s psychiatric and hospital records, through the issuance of subpoenas directed to Doe’s treating psychiatrist, Roe, as well as to two hospitals where treatment had been rendered.