Love's medical records: Should hearing be closed?

In a rare agreement with the defense, Commonwealth's Attorney Dave Chapman said he'd like a November 7 hearing on motions concerning the medical records of slain UVA student Yeardley Love closed. Attorneys for alleged killer George Huguely have filed motions seeking Love's medical records and were in Charlotesville Circuit Court October 26 for a brief hearing.

"In light of the sensitivity of the issue, the hearing on the merit of the motions should be in camera," said Chapman. 'We need to do anything to minimize the information out there in order to have an impartial jury from this community."

"We want everyone on the same page to avoid multiple hearings," said defense attorney Rhonda Quagliana, in anticipation that the prosecution will file motions to quash subpoenas for Love's medical records and prescriptions from health-care providers.

In a hearing in December, Judge Robert Downer agreed Huguely's attorneys could see records relating to her use of Adderall, which was found in her blood, but would not allow "a fishing expedition."

Circuit Court Judge Edward Hogshire said the November 7 hearing will determine what is being sought and why, and whether the hearing should be closed or in open court.

The former CourtTV network, now called In Session, has filed a request to put three cameras in the courtroom. Huguely's attorneys ask that motion to televise the proceedings be denied.

The defense also wants photographs of Love after attempts to resuscitate her using CPR, as well as her autopsy photos, excluded from the trial. And citing intense, "prejudicial" media coverage, exhibits of which are nearly a foot high, Huguely's attorneys also want the jury sequestered during the February trial.

Love, a fourth-year student weeks from graduation, was found dead in her apartment May 3, 2010, from what the medical examiner called blunt force trauma.

Huguely, her former boyfriend, told police they'd had a fight in which "her head repeatedly hit the wall." He's been in jail since last May and is charged with six felonies, including murder.

–updated October 27.

29 comments

The only medical record they need is the final medical examiners report.

Release all the records, and have a closed hearing. So the defense can't use it for an appeal or to create some kind of conspiracy theory or reasonable doubt from your typical bleeding heart trust fund idiot C-ville juror who watches CSI. I want a slam dunk on Georgie, and I am afraid the inexperienced with homicides CA's office and local PD is no match for a high priced defense. Hope I am wrong. My money is that he he is just convicted of simple assault after it is all said and done.

The lawyers make me sick. There is truth, and there is all the legal BS that goes on constantly. I know everyone is entitled to their day in court, presumed innocent, blah, blah, blah...but the purity of the system is polluted by the constant maneuvering and gamesmanship of the lawyers. I don't know how anyone defends murderers, and can sleep at night when they use legal tricks to try to derail the process. It becomes about winning and losing...not about revealing the truth.

I don't think he intended to kill her, I think he intended to control her,

Hopefully some bubba in prison will "control" him.

We all know that at best he will be out within 20 years so convict him with what you can prove without a doubt and give him the max.

They "system" will take care of the rest.

Nobody in prison likes a rich white boy who picks on girls.

You can't depend on a Charlottesville jury to do much in a murder case. Glen Barker only served 9 years for killing a 12 year old girl back in the early 80s. He was released from prison in 1992. Then we had the volunteer fireman who was stabbed to death by a UVA student, he received a 3 year sentence. Life is cheap in Charlottesville.

I don't understand why Yeardley's use of Adderall matters at all. He killed her, now let's give him the punishment he deserves.

Charlottesville Resident, dozens of people die nationwide every year while being tasered. The official cause of death is listed as "excited delirium", brought on by being tased while under the influence of cocaine, crack, or PCP (angel dust). The point of this being, did the use of Adderall contribute to Love's death? If so, why should it not be admissible as evidence? Why should the defense not have access to this and all other information involving drug use by the victim? The defendant is entitled to a fair trial.

I Don't think hugely dumb was carrying around a taser gun when loves head got smashed in and I don't think its gonna help his defence. The question is going to be the guts of the jury to throw this jerk in jail for life.

Interesting....

What is Excited Delirium (ED)? This disorder is usually drug-related (cocaine or "crack", PCP or "angel dust", methamphetamine, amphetamine), but can occur in non-drug users as well. The presentation of excited delirium occurs with a sudden onset, with symptoms of bizarre and/or aggressive behavior, shouting, paranoia, panic, violence toward others, unexpected physical strength, and hyperthermia. Hyperthermia is a harbinger of death in these cases.

Now, what is Aderall? Adderall is a brand name of amphetamine salts–based medication.

Funny how the word amphetamine shows up in both definitions above.

If amphetamine and taser = death,

would physical fight and amphetamine = death?

The guy still banged her head against the wall. You break it you bought it.

He knew about the adderall. He knew that banging someones head against the wall has a much higher risk of killing someone than not banging her head against the wall.

He knows that if he hadn't banged her head against the wall she would be alive today.

He also knows that if he doesn't get sprung from jail his head will be banging against a wall nightly.

It's too bad that they can't do some kind of contingency whereby if they lose the lawyer gets to go to jail too.

Gasbag, understand your comments but have to agree with TT on this...Hugeley will only understand one thing, and eye for an eye and then I am critical. Good thing I am not a Cville res, cause I would NOT be a good impartial juror. Even knowing that capital murder is the only way he would get the chair or lethal injection, either is too good for this guy. He needs the same treatment he gave his victim...Adderall or not.

Guys and girls, I am not defending Huguely. I'm simply attempting to explain why the defense team may be entitled to certain records.

He probably used adderall, as do lots of the kids on the lacrosse team, as do lots of kids at uva...all courtesy of student health.

Probably so, Amigo. Back when I was a kid we didn't have all these illustrious illnesses that required 5 different medications to succeed in the world. If I had a learning disability and brought home a very poor report card, my father would correct the situation with a leather belt. And my grades improved a lot in the next reporting period. It's all a scam with the doctors and pharmacies laughing all the way to the bank.

Sadly, I tend to agree with the prognostication that Georgie will get a bit of time in prison; simple assault might be a stretch, but he will not get murder (regardless of the Adderall angle). GSOE was right...I well recall the vol firefighter case; having grown up near Philly, I knew the connections this little brat had and how daddy (who had influence) greased the skids. It was pathetic.

The thing about George, if you look at his background, anytime he "stood up" to someone, it was when they were vulnerable: beating Yeardley Love, assaulting a fellow lax player as the kid slept. Then, when he had to stand up to someone more formidable (fighting his uncle on the boat), he actually jumped off the boat and nearly drowned 'cos he was too much of a ****y.

Abshire and George are two people I pray have regular encounters with the ugliest side of prison life.

Maybe George can open a consultancy with Ralph Sampson on how to deal with females!

Gas Bag, I remember Glen Barker and you are right. Thanks to a Charlottesville jury, Glen was able to get out of prison. He moved to Richmond and met a woman there with a small daughter. A few months later, the little girls charred body was found stabbed to death multiple times on her bed, and the mother was found bound in a chair when the fire department went through the burned out house in South Richmond. The RPD Detective assigned was too incompetent to put together a case against old Glen. I guess Glen just has bad luck. So last I heard he was happily residing in New Jersey. The Sisk case was travesty as well, still makes me sick to think that Alston is walking around free. C-ville jurors are bleeding hearts, and the defense will play upon that. God knows what happened to that little girl and mother before they died, and they have C-ville justice to thank for it.

Ms. Love's final medical examiners record is what counts in this trial. As usual, Ms. Love, as the victim, will be presented as a causal effect on Boy George.

If and when he ever gets out of jail, he will do it again, if that is all it takes.

HarryD, the medical examiner is not the final word in any autopsy or trial. He/she is giving their opinion as to exactly what caused a death. The defense has the right to put on their own experts who can rebutt what the medical examiner has said.

Obviously Huguely was the main "cause" of death. But were there other contribuing factors? If so, the defense team can argue for a lessor sentence. And that's what is going on in this trial.

Doyle, think serial killer who keeps outsmarting the cops. :)

One big smoke screen on the part of the defence to save their client from a needle or a lengthy term. Please let me be on that jury.

He killed her. The lawyers are going to make big bucks trying to defend him. his family would save a lot of money if he acted like a man and admitted his guilt -even if he did not mean to kill her, he did. He has to take responsibility for his actions, and his parents have to take responsibility that they failed to teach him right from wrong. the University has to accept the fact that they failed to identify (through the coach) a deviant personality. The only thing left to do is to identify what new protocols can be put in place to prevent this from happening in the future.

GSOE- I know- I was being facetious- it is the death certificate that I am pointing at.

Do you believe Boy George will take the stand?

Lessor sentence? Of course he will get that so he can go work at daddy's company and never have to show a resume or work history to anyone..........

Then, he will do it again.

Any word if the victim's family is going to jam UVa with a lawsuit like the Harringtons? Might do UVa some good and they would clean up their act instead of just giving it lip service. The only thing that school respects is money, and if you take some it from them they might actually do something. I am not a legal expert, but don't they have to file within two years? Seems to me that Georgie shouldn't even have been at UVa in the first place if the school had done is due diligence.

Was the crime committed on campus or off campus? I think off campus- not sure.

I believe the Harrington's lawsuit is against the security company for adhering to to a UVa "no readmitance" rule and against UVa for having such a rule (which is a ridiculous "rule") - correct?

Closing the hearing will protect Ms. Love's privacy. There's no need to air every single portion of her medical records in public if it is not necessary. And do we really feel like it's more important for In Session to be able to cash some ratings than to err on the side of protecting Ms. Love even after her death?

The reality is that all of the medical information deemed relevant will be known at trial. I'm in favor of the judge taking a cautious approach to determining what information will be made public at this point.

It looks like the defense is trying to put Ms Love on trial , not the defendant. What difference does it make what kind of medication she was on? He banged her head against the wall and killed her.
I agree that the Sisk trial was a travesty, as they say "them what has , gets off" .I pray it will not be the same on this case, a sentence that I call a "William Zanzinger." Early Bob Dylan fans will know to what I refer.
Indeed , another hit from the late 50s folk boom comes to mind when thinking of George Huguely. Has a verse "down in some lonesome valley, hanging from a white oak tree."

HollowBoy- of course they are looking forward to denegrating someone who was killed by their client.

I still wonder if they will let their client take the stand and be crossed by the prosecution.......so we can watch him squirm.

HarryD, without looking back, I think it took place on 14th Street N.W. In a privately owned apartment complex. I guess there is a possibility that UVA might own this apartment complex though, they own 50% of Charlottsville.

But I have noticed, for whatever reason(s), the UVA police have stepped up their patrols in the 10th to 17th Street area. I tried to stop a city cop last night on 17th Street N.W. to report a car vs pedestrian accident. I was five feet from him, he was looking directly at me, and yet he looked the other way and drove off. I have no idea what was going through his mind. Anyhow, a UVA police car came through just a few seconds later and offered assistance.

If I am not mistaken, once a person dies in Virginia. They have no right to privacy. Will come into play with the judge's decision to release the medical records?

GSOE- me thinks they have your number...............really like your posts