NEW HAMPSHIRE
Concord Monitor
By LAUREN R. DORGAN
Monitor staff
November 30. 2005 8:00AM
Attorneys for a 46-year-old Northfield man accused of sexually assaulting a 4-year-old girl are arguing that they should be able to privately review records of the girl's counseling sessions.
Scott Nash, a former lay leader at Tilton's Trinity Episcopal Church, is charged with digitally raping the girl and forcing her to touch him while he babysat for her. She is now 5 years old.
In court papers, Public Defender Abigail Albee argues that the girl's accounts of the alleged abuse have differed in several particulars. Any accounts she gave to her counselor may contain inconsistencies and could even prove Nash's innocence, Albee says. The possibility of the information being useful to the defense trumps the importance of doctor-patient privilege, she argues.
A hearing was held on Monday, but Judge Kathleen McGuire made no decision on the defense's motion. Another hearing is scheduled for Friday.