DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

AZ: Judge denies use of victim's medical records in upcoming murder trial

Posted on October 3, 2010 by Dissent

Ben Backhaus reports on a case where the judge has already had to weigh the privacy of medical records of the deceased vs. the right of the defense to put on its defense:

Jeffrey Martinson’s defense counsel will have to dig deeper for evidence after Maricopa County Superior Court Judge Sally Duncan rejected its request to use the medical records of his deceased son and the son’s mother in the defendant’s murder trial.

Martinson, 43, of Ahwatukee Foothills is charged with the first-degree murder of his 5-year-old son, Joshua Eberle-Martinson, and faces the death penalty if found guilty.

During an oral argument proceeding Sept. 24, Duncan denied the defendant’s motion for the records on the grounds that such a request violates a statute in the Arizona Constitution, but she ordered the Martinson defense team to interview doctors in case evidence arises for Duncan to reconsider its request.

The defense’s motion, filed in 2007, claims it seeks the records because Eberle may have taken the acne treatment medication Accutane – having caused a high percentage of birth defects among its pregnant users’ children – within the first 10 days of her pregnancy with Joshua. The defense reasons that understanding the natal health of Eberle and her son for its defendant’s trial outweighs their rights to privacy, as the cause of death will be a factor in Martinson’s fate.

Read more about the case on Ahwatukee.com


Related:

  • Maintenance Note
  • CISA Alert: Reported Supply Chain Compromise Affecting XZ Utils Data Compression Library, CVE-2024-3094
  • System Status Note
  • System Status Note
  • System Status Note
  • Fraudster's fake data breach claims should remind media to be careful what we report
Category: Uncategorized

Post navigation

← UK: Hundreds of confidential reports go missing
CO: Does New DNA Law Violate Privacy? →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs
  • A jailed hacking kingpin reveals all about the gang that left a trail of destruction
  • Army gynecologist took secret videos of patients during intimate exams, lawsuit says
  • The Case for Making EdTech Companies Liable Under FERPA
  • NHS providers reviewing stolen Synnovis data published by cyber criminals

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation
  • Who’s watching the watchers? This Mozilla fellow, and her Surveillance Watch map

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.