United States v. Mazzola

217 F.R.D. 84, 2003 U.S. Dist. LEXIS 18277, 2003 WL 21910673
CourtDistrict Court, D. Massachusetts
DecidedAugust 6, 2003
DocketNo. CRIM. 01-10012-RGS
StatusPublished
Cited by7 cases

This text of 217 F.R.D. 84 (United States v. Mazzola) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Mazzola, 217 F.R.D. 84, 2003 U.S. Dist. LEXIS 18277, 2003 WL 21910673 (D. Mass. 2003).

Opinion

MEMORANDUM AND ORDER RE: DEFENDANT STEPHEN MAZZOLA’S MOTION TO DETERMINE COMPLIANCE WITH THIS COURT’S ORDER DATED SEPTEMBER 3, 2002 (DOCKET ENTRY #123); DEFENDANT STEPHEN MAZZOLA’S MOTION FOR RECONSIDERATION OF THIS COURT’S ORDER DATED SEPTEMBER 3, 2002 RELATIVE TO DISCLOSURE OF MEDICAL RECORDS (DOCKET ENTRY # 128)

BOWLER, Chief United States Magistrate Judge.

Defendant Stephen J. Mazzola seeks reconsideration of this court’s September 3, 2002 Order allowing limited disclosure of the medical records of Joseph Mazzola (“Mazzo-la”), a key government witness as well as the sister of defendant Christina Svendsen and the son of defendant Sebastian Mazzola. (Docket Entry # 128). In particular, defendant Stephen J. Mazzola asks this court to provide his counsel with complete access to the medical records subject to any protective order deemed appropriate and, in the event this court does not allow complete disclosure, order that the medical records be made part of the record.1

Defendant Stephen J. Mazzola additionally complains that the September 3, 2002 Order was too limited and, “Accordingly, the court order should be broadened to require the disclosure of all exculpatory material and impeachment evidence within the medical, [86]*86psychiatric and counseling records.” (Docket Entry # 128, p. 6). Although counsel for defendant Stephen J. Mazzola is not entitled to complete access, which includes irrelevant and immaterial private matters covering time periods not germane to the charges in the Indictment, defense counsel is entitled to all exculpatory material and impeachment evidence in the medical records. For reasons stated below, the September 3, 2002 Order is broadened to provide counsel for defendant Stephen J. Mazzola with additional disclosures.

This court’s review of the redacted disclosures submitted by the government in conjunction with defendant Stephen J. Mazzola’s motion to determine compliance (Docket Entry # 123) also remains outstanding. For reasons stated below, this court orders further disclosure of certain documents relative to Joseph Mazzola’s familial relationship with his mother, his mental stability resulting from difficulties with his wife and the severity of his psychological problems as shown in R-12 and 13.

BACKGROUND

The September 3, 2002 Order allowed a motion to compel filed by defendant Stephen J. Mazzola (Docket Entry # 104) and corresponding requests for disclosure filed by other defendants (Docket Entry ## 100, 103 & 107) to the extent of ordering the government to disclose those portions of the medical records of Joseph Mazzola that “reveal: (1) any use of drugs, including but not limited to, Percocet and Vieodin; and/or (2) any relationship with his father.” (Docket Entry # 115).

Defendants’ joint reply to the government’s response to the motion to compel had requested, “[i]n the alternative, ... the information contained in Mazzola’s treatment records relevant to their cross-examination of Mazzola regarding his allegations of abuse2 and his drug dependency.” (Docket Entry # 107). Accordingly, this court centered its initial in camera review of the medical records on these two areas and ordered production relative to these areas. In October 2002, the government produced approximately 230 pages of the medical records in response to the September 3,2002 Order.

In February 2003, defendant Stephen J. Mazzola filed the motion to determine the government’s compliance with the September 3, 2002 Order. (Docket Entry # 123). At the March 20, 2003 hearing on the motion to determine compliance, this court instructed the parties to meet and confer relative to certain disputed documents that the government previously produced in redacted form. This court also directed the government to thereafter submit the redacted and the original documents to this court for in camera review. As a result of the government’s further review of the medical records, the government made additional disclosures regarding four of the 21 disputed documents. On May 15, 2003, the government submitted the redacted and original documents for in camera review.3

On May 20, 2003, counsel for defendants Stephen J. and Sebastian Mazzola addressed this court. Both argued that the limited production would hamper their ability to effectively cross examine Joseph Mazzola and that only they had the expertise to determine what was relevant in the medical records to their clients. Counsel for defendant Stephen J. Mazzola pointed to an overlooked reference to gambling in a June 7, 1999 progress note in the records from Habit Management Institute.4 He also posited the option of restricting disclosure to counsel. Counsel for defendant Sebastian Mazzola pointed out that Joseph Mazzola, who was alleging abuse at the hands of his client, was also being [87]*87abused by his wife, according to the June 7, 1999 progress note.5

The government reasserted its position that the medical records contained private and personal matters and that Joseph Mazzo-la’s difficulties with family members had no bearing on the proceedings. To the contrary, however, Joseph Mazzola’s difficulties with his wife as well as with other family members bears upon his mental stability and consequent ability to recall events and testify accurately. It also gives important context to his familial relationships inasmuch as he will be testifying as a key government witness against his father, brother and sister. References in the medical records regarding Joseph Mazzola’s relationship with his brother (defendant Stephen J. Mazzola) and sister (defendant Christina Svendsen) particularly during the time period covered by the Indictment are likewise relevant to Joseph Mazzo-la’s credibility. Although less forceful, the parallel nature of suffering perceived abuse from other family members bears upon the believability of Joseph Mazzola’s alleged bias due to his perceived abuse from his father. Joseph Mazzola’s relationships with other family members, such as his mother, also bear upon his credibility and motives for testifying against his father, brother and sister. On a broader level, Joseph Mazzola’s relationships with his family members adds context or evidences a perceived pattern of abuse which bears upon his bias toward familial co-defendants.

At the close of the May 20, 2003 hearing, this court directed defendant Stephen J. Mazzola to file a written motion and advised the other defendants that they could join in such a motion. On June 20, 2003, defendant Stephen J. Mazzola filed the written motion.6 Therein, he urges that records relative to counseling about Joseph Mazzola’s financial problems is both exculpatory and impeachment evidence. The government filed a response to the motion for reconsideration on June 30, 2003. (Docket Entry # 129).

Finally, this court deemed it prudent to conduct a further review of the entire medical record in light of the allegations that the previous in camera review was inadequate, the limited perspective this court afforded the review given the allegations in defendants’ reply brief, and the request to broaden the September 3, 2002 Order to include all exculpatory material and impeachment evidence. Accordingly, this court issued a Procedural Order directing the government to submit the medical records in camera. The government submitted the medical records on July 28, 2003.

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Cite This Page — Counsel Stack

Bluebook (online)
217 F.R.D. 84, 2003 U.S. Dist. LEXIS 18277, 2003 WL 21910673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mazzola-mad-2003.