A hearing has been scheduled in 12th District Court of Appeals for the case of a Carlisle teen awaiting trial on aggravated murder charges for allegedly killing her newborn baby.
In April, just days before trial, the defense and the prosecution appealed a split decision by Warren County Common Pleas Judge Donald Oda II concerning the use of medical records at Brooke Skylar Richardson’s trial.
Since then attorneys have been busy filing briefs, but as ordered by Oda, content of those briefs outlining both the prosecution and defense stances are sealed.
Richardson, who was 18 last July when the remains of her baby girl were found in her family’s backyard, is charged with aggravated murder, involuntary manslaughter, gross abuse of a corpse, tampering with evidence and child endangering.
Notice of oral arguments at the 12th District courthouse in Middletown have been sent to attorneys involved, according to Ben Manning, appeals court administrator. If there is no conflict, that hearing will be held on Sept. 11.
Because of the subject matter, Manning said the judges and attorneys are trying to determine if the arguments can be made in open court or if closure will be needed.
On April 12, Oda issued the decision concerning Richardson’s medical records and both sides appealed. That stopped the trial scheduled to begin April 16.
The defense team appealed after the judge ruled physician-patient privilege did not apply to conversations between Richardson and a doctor at Hilltop OB-GYN, who after an appointment on July 12 called Carlisle police to report the teen had a child and buried it in the backyard.
The prosecution also appealed a portion of information between a second physician and Richardson, as well as others, that were ruled privileged by the judge — unless a defense expert is called to testify based on information from that physician.
Days after the appeals were filed, defense attorneys requested Richardson be taken off house arrest. Oda took Richardson off house arrest, but also ruled she would continue to be supervised with a GPS monitor, and be subject to random drug tests and unannounced home visits from Community Corrections.
Richardson was given a curfew from 9 p.m. to 7 a.m. by the judge.
Both the prosecution and defense declined to comment.