Commonwealth v. Clark

21 Pa. D. & C.4th 263, 1993 Pa. Dist. & Cnty. Dec. LEXIS 72
CourtPennsylvania Court of Common Pleas, York County
DecidedJune 11, 1993
Docketno. 118 CA 1993
StatusPublished

This text of 21 Pa. D. & C.4th 263 (Commonwealth v. Clark) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Clark, 21 Pa. D. & C.4th 263, 1993 Pa. Dist. & Cnty. Dec. LEXIS 72 (Pa. Super. Ct. 1993).

Opinion

UHLER, J,

Before the court is a variety of omnibus pre-trial motions filed on the behalf of the defendant and one motion filed on behalf of the Commonwealth. The court has not been afforded the benefit of briefs or legal memorandum in support of either of the parties’ respective positions.

Initially, the court has been requested by the Commonwealth to direct the disclosure to it of the defendant Clark’s confidential inculpatory communications made to health care providers who treated the defendant for HIV-related medical issues. As a general rule, no person who obtains “confidential HIV-related information” in the course of providing any “health or social service” can release that information except as authorized by the Act. The Act does not protect against disclosure of all HIV-related information, but rather information acquired and maintained as part of the provision of health or social services of HIV patients.

[264]*264The term “health and social services” encompasses a broad spectrum. It includes but is not limited to health care, social work, case management, counseling, welfare counseling, insurance counseling, legal services, hotline crisis intervention, and other related services. The Act protects the privacy interests of almost any kind of information that links a person to an HIV test, HIV disease, any opportunistic infection of AIDS, or that could identify a person having some kind of HIV-related condition, including information about a person’s sexual or needle sharing partners.

Title 35 P.S. §7608(a)(l) requires that before the court may authorize the disclosure of such information a compelling need must be demonstrated by the Commonwealth that the information sought cannot be accommodated by other means. The court is mandated under the Act to weigh the need for disclosure against the privacy interest of the individual and the public interest which may be harmed by the disclosure. We believe the “public interest” contemplated by the Act includes the free unimpeded exchange of information by the HIV-related patient to the health and social services provider regarding his or her sexual activities in order that follow-up public health issues may be addressed. See 35 P.S. §7602.

We have examined the record in the within criminal action, the transcripts of the preliminary hearing, the evidence offered at the pre-trial suppression hearing and such other matters as may appear as part of the file. Weighing the respective interests of privacy versus the public interest and the underlying purposes of the confidentiality cloak afforded the HIV communications of the patient to the “health and social services” providers and giving due consideration to the information heretofore available to the Commonwealth through the defendant’s statements, we conclude that disclosure to the Commonwealth of [265]*265the confidential communications by the defendant to the York Health Corporation is unwarranted at this stage of the proceeding. Consequently, the Commonwealth’s motion is denied. We note, however, that the within decision is without prejudice to reconsideration of the Commonwealth’s request in the event the defendant effectively waives the cloak of confidentiality of his individual communications with the York Health Corporation as a result of his trial stratagem. Thus, if the defendant elects to use his health and service providers or the records therein as part of his defense, he may de facto waive his right to preserve the confidentiality. It is noted that the medical release originally executed by the defendant did not comply with the mandates of the confidentiality of HIV-related Act.

Defendant has sought through an amended omnibus pre-trial motion to suppress statements given by him on November 19, 1992, November 24, 1992, and December 8, 1992, to Detective Rohrbaugh of the York City Police. At the times of the arrest and the above interrogations the defendant was 30 years of age, with 13 years of education including one year of college studying criminal justice. The defendant advised that he is largely self-trained and has in past work history been employed as a law enforcement-security personnel for a judge. We find that the defendant was originally requested to go with the police officers to city hall after the initial complaint was received by them regarding suspected sexual abuse of the defendant’s minor daughter and stepdaughter. The defendant acknowledged that he voluntarily accompanied the officers to the police station at approximately 12 noon to 12:30 p.m. in order to “straighten out” the allegations and that it was only after he sat for a protracted period in the detective bureau and was then accompanied to the bathroom that he sensed his freedom was impinged. [266]*266Nonetheless, the defendant concedes he was not questioned about the incident until the arrival of York City Detective, Scott Rohrbaugh. Detective Rohrbaugh advised he arrived at the police station at approximately 3:30 p.m. whereupon he secured the background regarding the allegations and commenced the interview with the defendant at about 3:50 p.m. Detective Rohrbaugh advised the defendant of his Miranda warnings on two separate occasions prior to questioning the defendant. The detective did not advise the subject that he was subject in a suspected attempted homicide case but rather the defendant was advised that he was a suspect in a case of aggravated sexual assault and involuntary deviate sexual intercourse. It was during the interview that the defendant confirmed to the police he was HIV positive, thereby reaffirming the information earlier provided to the police by the defendant’s wife. The defendant was read the Miranda warnings and acknowledged that he understood the same. The defendant made statements which were tape recorded. The statements were not transcribed in order to afford the defendant the opportunity to sign the same at the time of recording. While the defendant suggests undue pressure or artifice was implemented by Detective Rohrbaugh this contention is not supported by the record of either Detective Rohrbaugh’s or the defendant’s testimony.

After the defendant made the above statements his arrest was formalized as to one of his daughters and he was committed to the York County Prison. On November 24,1992, Detective Rohrbaugh appeared at the York County Prison seeking to further discuss the pending charges with the defendant. Again the defendant was advised of his Miranda warnings by Detective Rohrbaugh. Detective Rohrbaugh advised the court that the defendant again acknowledged he understood his [267]*267rights and initiated or solicited from the detective means by which he could exonerate himself including the taking of a lie detector or polygraph test. A factual dispute exists in that defendant contends that it was at this time he indicated to Detective Rohrbaugh his request for a public defender.

While we are not privy to the same, statements were made during the morning of November 24, 1992. Detective Rohrbaugh advised the court that the defendant was specifically advised by him that there was no obligation to take a polygraph test, that the results of the polygraph were inadmissible and that statements made by him may and would be used against him. Nonetheless, the defendant sought to take the polygraph test. Detective Rohrbaugh further advised that at no time did the defendant either request or indicate he desired an attorney.

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Bluebook (online)
21 Pa. D. & C.4th 263, 1993 Pa. Dist. & Cnty. Dec. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-clark-pactcomplyork-1993.