The full picture · 3 sources

Judge to decide whether prosecutors can access Erhart's mental health records

Updated Oct 18, 1:39 PM CT. Every fact below links to the source that reported it.

What the primary sources show

Kailey Erhart faces murder charges for allegedly killing her five-month-old and three-year-old children and injuring her one-year-old during an attack in August in Mandan. [KFYR-TV]
Erhart appeared in Morton County Court via Zoom on Friday afternoon for arguments over whether prosecutors can access her mental health counseling records. [KFYR-TV]
Prosecutors served a search warrant in September seeking three and a half years of psychotherapy notes and counselor assessments from four counseling centers. [KFYR-TV]
The defense argues the records are strictly protected by doctor-patient privilege and the state has no legal authority to access them. [KFYR-TV]
Prosecutors argue the defense waived privilege by using a Rule 17 subpoena instead of having Erhart directly provide the records. [KFYR-TV]
Judge Marina Spahr has not yet decided whether to release the records to prosecutors, keep them sealed, or block access entirely. [KFYR-TV]
Erhart's next court appearance is scheduled for December 7, and her trial is scheduled for February 1. [KFYR-TV]

KFYR-TV: KFYR-TV reported detailed courtroom arguments over doctor-patient privilege, with the defense opposing access and prosecutors arguing the defense already waived it. Read it → · Ads
Bismarck people reporting the news (public group): Bismarck people reporting the news posted a brief notice linking to full KFYR coverage. Read it →
Bismarck Community Buzz (public group): Bismarck Community Buzz posted a brief notice linking to full KFYR coverage. Read it →

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