By Steve Hansen
QCS Managing Editor
A study of whether Tony Day, 15, accused of killing his adoptive mother and sister in November 2012, would respond well to behavioral health treatment has been completed, but Tenth Judicial District Attorney Tim Rose said the prosecution seeks its own review of the study.
Day is accused in the Nov. 26, 2012 slayings of his adoptive mother Sue Day and her daughter Sherry Folts.
The study of Day’s “amenability to treatment” was conducted by Dr. George Davis, a psychiatrist with the state Children Youth and Families Department. It remains sealed from the public until it, like other documents related to Day’s physical or mental health, is allowed into evidence, a move that would be initiated by Defense Counsel Jeffrey Buckels, according to Kirk Chavez, deputy district attorney.
In a status hearing held June 2, Tenth Judicial District Judge Albert Mitchell set interview dates of June 18 and June 23-25.
Also on June 2, Mitchell filed his official order denying a defense motion to seal all pleadings and hearings regarding medical or mental health issues. In his written order, Mitchell overruled the children’s code provisions the defense would have relied upon to seal the records.
He said, however, that any records related solely to Day’s mental or physical health would remain confidential unless they are found to relate to Day’s criminal case.
Mitchell said any record or testimony that becomes filed as evidence in the case to determine Day’s amenability to treatment, or guilt or innocence will become public when it becomes available as evidence.
He also established procedures to review requests to have documents sealed in the case Documents that any party in the case desires to be confidential will be submitted to the judge’s office, Rose’s office, the public defender’s office, and to Donald Schutte, who represents the Quay County Sun. The filing party will then request confidentiality in a motion before the court. The judge will then hold a closed hearing on the matter and rule on whether it will be kept confidential, according to Mitchell’s order.
Mitchell also said that some documents that are sealed may be made available to specified members of the victims’ family who have been warned that divulging information about the documents to anyone will lead to contempt of court charges.