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The full picture · 5 sources

Judge considers whether to allow prosecutors access to Mandan mother's mental health records

Updated Oct 19, 4:09 PM CT. Every fact below links to the source that reported it.

What the primary sources show

  • Kailey Erhart from Mandan appeared in Morton County Court via Zoom on Friday to address a dispute over her mental health counseling records. [KFYR-TV] [Bismarck Source]
  • She faces murder charges for the deaths of her 5-month-old and 3-year-old children during an August attack and for injuring her 1-year-old. [KFYR-TV] [Bismarck Source]
  • Prosecutors served a search warrant in September seeking 3.5 years of psychotherapy notes and counselor assessments from four counseling centers. [KFYR-TV] [Bismarck Source]
  • Defense attorney Stormy Vickers argued the records are protected under doctor-patient privilege and the state has no legal authority to access them. [KFYR-TV] [Bismarck Source]
  • Prosecutor Chase Lingle contended the defense waived privilege by using a Rule 17 subpoena rather than having Erhart provide the records herself. [KFYR-TV] [Bismarck Source]
  • Judge Marina Spahr has not yet ruled on whether to inspect the records under seal, release them, or block them entirely from prosecutors. [KFYR-TV] [Bismarck Source]
  • No records have been turned over to prosecutors, and the judge provided no timeline for her decision before Erhart's next court appearance on December 7. [KFYR-TV] [Bismarck Source]

What they left out / still unanswered

  • When will Judge Spahr issue her decision on the search warrant?
  • What specific details and circumstances of the August attack led to the charges?
  • How do prosecutors intend to use the mental health records in their case?

Official line vs. how each source framed it

  • KFYR-TV: KFYR-TV reported directly from the Friday hearing with extended quotes from both defense and prosecution arguments. Read it → · Ads
  • Bismarck people reporting the news (public group): Bismarck people reporting the news shared the KFYR story headline and link. Read it →
  • Bismarck Community Buzz (public group): Bismarck Community Buzz shared the KFYR story headline and link. Read it →
  • Bismarck Source: Bismarck Source provided expanded coverage highlighting the judge's three possible outcomes and the legal framework of Rule 17 subpoenas. Read it →
  • Bismarck Tribune: Bismarck Tribune headline only, identifying the Friday hearing as concerning mental health records in a case involving allegations against a Mandan woman. Read it → · Paywall

701 News writes these summaries from the sources above and checks every sentence against them. Read the originals for the full reporting. Corrections

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