Henry Ruggs’ lawyers say medical records are privileged

Defense attorneys for erstwhile Raiders prima Henry Ruggs argued successful tribunal papers filed Monday that turning implicit his aesculapian records to prosecutors violates doctor-patient privilege.

Las Vegas Justice of the Peace Suzan Baucum set a hearing for Dec. 8 connected arguments regarding the aesculapian records successful the fatal DUI clang that killed 23-year-old Tina Tintor. Baucum had antecedently granted what she said was a regular petition from prosecutors to entree the records of Ruggs and his longtime girlfriend, Rudy Washington, but halted the petition until the December hearing.

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 death of Tintor and the injuries Washington suffered successful the crash.

Ruggs’ attorneys —David Chesnoff and Richard Schonfeld — outlined their statement successful Monday’s motion, stating that the bid violated Nevada’s doctor-patient privilege instrumentality by allowing wellness attraction providers to attest successful pre-trial conferences astir Ruggs’ attraction pursuing the Nov. 2 fatal crash.

“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,” the question stated. “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.”

The attorneys argued that the Nevada Court of Appeals has antecedently “cautioned” prosecutors from making wide requests for aesculapian records, the question said.

The question besides stated 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.

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.

Last week, Chesnoff and Schonfeld said they had a witnesser who alleges firefighters failed to rapidly enactment retired the occurrence successful Tintor’s RAV4 aft the wreck.

Ruggs 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.

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.

Contact Katelyn Newberg astatine knewberg@reviewjournal.com oregon 702-383-0240. Follow @k_newberg connected Twitter.