Defense denied cop’s psychological report

Wednesday, June 16, 2004 | 9:39 a.m.

Before the start of the trial of a man accused of the attempted murder of a Metro Police officer, District Judge Donald Mosley Tuesday ruled the defense would not have access to a psychological report about the officer.

Lawyers for Michael Carlucci, who is accused of approaching Metro Police Officer N. Larios with a knife, sought a private hearing with Mosley to discuss what was in the report and whether it should be provided to the defense. Larios shot Carlucci.

Under Metro Police policy, Larios was placed on administrative leave and was required to consult with a therapist.

Mosley denied access to the report, saying if he were to make public what Larios discussed, it could have a "chilling effect."

"When an officer is interviewed by a doctor and knows that it will be brought into court, they will measure their words." Mosley said.

Mosley noted a trend in the law to make the notes of investigators and police officers available in court, but said that was a bad idea, especially in this case.

"I have come out against the shift of the law that gives access to investigator and police notes, which I think is abhorrent," Mosley said. "The chilling effect is I don't think anyone takes notes anymore."

In Pennsylvania v. Ritchie, the Supreme Court of the United States held that a private inspection in judges' chambers of privileged records strikes a constitutional balance between the defendant's and the state's competing interests.

But Mosley said no case law specifically existed that compelled him to grant the inspection, saying "I don't think it's required."

Opening arguments were expected to begin in the trial today.

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