Reports Kept Confidential in McMartin Case

A judge on Friday refused to give psychiatric reports on allegedly molested children to defense attorneys in the McMartin Pre-School molestation case.

Los Angeles Superior Court Judge Roger Boren, who heard nearly a full day of arguments on the issue, agreed to hold a secret hearing on the request as it affects two specific children.

The defense claims that those young witnesses fantasized and hallucinated and that their testimony is not trustworthy. They sought to see what the children told their psychotherapists.

However, Boren said in the cases of most of the children involved, their talks with therapists were protected by a patient-therapist privilege. He refused to intrude upon that confidentiality.

Raymond Buckey, 27, and his mother, Peggy McMartin Buckey, 59, are facing 101 counts of molestation and conspiracy in the alleged abuse of more than a dozen children at the preschool in Manhattan Beach.

Boren rejected a defense argument that once the children had testified at a preliminary hearing in the case, they and their parents implicitly waived their right to confidentiality.

“I think it is clear the mere testimony at a preliminary hearing does not constitute a waiver of confidential communication. It is only when a witness recounts a confidential communication with a psychotherapist (on the witness stand) that the privilege has been waived,” Boren said.

On another issue, the judge did not immediately rule on a prosecution motion to gain access to evidence unearthed by defense attorneys during a digging expedition at a vacant lot next door to the McMartin Pre-School.

Animal Remains Sought

During the course of the preliminary hearing, it was alleged that animals were mutilated to scare children into silence.

In a written motion, prosecutors said defense investigators had found various items in the lot, including children’s clothing, yarn and the remains of animals.

Daniel Davis, Buckey’s attorney, vehemently protested showing the prosecutor the material, which he called “favorable defense evidence that is helpful to Mr. Buckey’s case.”

The judge said he believed the animal remains probably should be shown to the prosecution but said he would reserve ruling until he holds a hearing in his chambers and examines all the evidence involved.

Boren’s decision to hold the matter in abeyance came at the request of Davis, who said he has “a large room full of evidence” helpful to his client.

Warning the Prosecution

“I’m asking that you look at it,” he told the judge. “I believe the net result (of disclosing the evidence) will be only to forewarn the prosecution of an aspect of the defense that is favorable to Mr. Buckey and will thus lessen their burden of proof.”

He suggested that the defense has no obligation under the law to help the prosecution.

Buckey and his mother sat quietly taking notes throughout the hearing. They were ordered to return to court Aug. 29 for a hearing at which their trial date will be set.

The McMartin case, which started with the September, 1983, arrest of Raymond Buckey, once involved seven defendants, and after a preliminary hearing ended, a Municipal Court judge in January ordered all seven to stand trial. But the district attorney later that month dropped five women from the case because of insufficient evidence.