Lawyers for Henry Ruggs assertion that turning implicit his aesculapian records and allowing wellness professionals to attest connected the erstwhile Raiders player’s attraction would violate doctor-patient privilege.
They are expected to contiguous their arguments connected the substance astatine an aboriginal greeting tribunal proceeding connected Wednesday.
Ruggs, 22, has been charged with felony counts of DUI resulting successful death, DUI resulting successful important bodily harm and 2 counts of reckless driving resulting successful decease oregon important bodily harm successful transportation with the Nov. 2 clang that killed 23-year-old Tina Tintor and injured Ruggs’ girlfriend, Rudy Washington.
He besides was charged with a misdemeanor number of possession of a firearm portion nether the influence, tribunal records show. Authorities person said a loaded limb was recovered successful his Chevrolet Corvette Stingray aft the crash.
Washington’s lawyer, Peter Christiansen, joined a question from Ruggs’ lawyers, David Chesnoff and Richard Schonfeld, to halt the merchandise of the couple’s aesculapian records, tribunal documents show.
“Patients would presumably beryllium hesitant to interact candidly and openly with aesculapian professionals if they knew that conclusions drawn from those interactions could beryllium utilized against them successful aboriginal ineligible proceedings,” Chesnoff and Schonfeld wrote successful the motion. “These argumentation considerations are particularly beardown successful the contiguous context, wherever a diligent allegedly progressive successful a fatal car mishap is transported by ambulance to the infirmary for exigency aesculapian treatment.”
Prosecutors argued successful consequent tribunal filings that investigators are lone requesting Ruggs’ aesculapian records regarding imaginable blood, enactment and urine tests. For Washington, prosecutors are seeking documentation of X-Rays, MRI scans, CT scans and radiology records.
In tribunal documents filed Dec. 1, defence attorneys argued that a petition for grounds from aesculapian professionals oregon immoderate grounds different than a humor trial is inactive excessively broad.
”The world is the instrumentality permits the accumulation of the humor trial results only,” defence attorneys wrote. “Nothing more.”
After Ruggs’ first tribunal quality connected Nov. 3, Clark County District Attorney Steve Wolfson said helium was told that Ruggs had suffered limb injuries and that Washington had suffered a “significant” wrist injury. Ruggs archetypal appeared successful tribunal successful a wheelchair and wearing a cervix brace.
In erstwhile filings, defence attorneys argued that the Las Vegas Justice Court does not person the jurisdiction to bid transgression find anterior to a preliminary hearing, which is erstwhile a justice determines if determination is capable grounds for idiosyncratic to basal trial. However, prosecutors wrote, that regularisation lone applies to defendants seeking the find of caller grounds anterior to a preliminary hearing.
“To suggest that this Court lacks jurisdiction would beryllium tantamount to suggesting that neither enactment tin subpoena witnesses and compel their presence, an enactment which is authorized by the Justice Court for the intent of preliminary hearings,” prosecutors wrote successful tribunal documents filed Nov. 3o.
Ruggs was reportedly driving 156 mph conscionable seconds earlier the fiery pre-dawn crash. Prosecutors person said his humor intoxicant level was 0.16 percent, doubly the ineligible bounds for drivers successful Nevada, aft the crash.
He could look up to 40 years down bars if convicted of the DUI counts.
This is simply a processing story. Check backmost for updates.
Contact Katelyn Newberg astatine knewberg@reviewjournal.com oregon 702-383-0240. Follow @k_newberg connected Twitter.