NH Supreme Court backs victims mental health records in landmark decision
For the first time, the state's highest court applied the right of privacy to a criminal case to restrict the defendant's access to the alleged victim's confidential counseling and mental health records.
The opinion by the New Hampshire Supreme Court stems from a rape case in Belknap County involving a minor.
Even with protections in place previously, criminal defendants have used such records to 'intimidate and embarrass victims — and to deter them from disclosing abuse, reporting crimes and seeking justice,' according to the New Hampshire Coalition Against Domestic and Sexual Violence.
An individual's 'right to live free from governmental intrusion in private or personal information is natural, essential, and inherent,' was added to the New Hampshire Constitution in 2018.
The Supreme Court's opinion, issued Thursday, is being called groundbreaking by the coalition and members of the legal community.
Now, an alleged victim must be given notice and an opportunity to object when the defense requests access to confidential records.
The opinion is part the case against Gene Zarella of Tilton, who was indicted on four counts of aggravated felonious sexual assault of a minor. A Superior Court judge denied a request by the alleged victim to quash the defense's access to her counseling and mental health records.
According to the indictments, two of the assaults happened between March 2006 and July 2007 when the girl was under 13 and the other two occurred between March 2014 and July 2014 when she was between ages 13 and 16.
The alleged victim was not given notice or an opportunity to object to the defense's request for her records, according to the coalition.
Zarella's attorney, William Christie, did not return an email from the Union Leader seeking comment.
The justices used the 2018 constitutional amendment to overturn its prior case law, according to the coalition.
'Now, courts are required to engage in a specific process that involves the victim/patient before making any decision about reviewing or disclosing those records,' the coalition said.
David Vicinanzo, attorney for the victim and partner at Nixon Peabody law firm, called it a landmark decision which removed a 'major obstacle to justice' for victims.
He said mental health records will now be treated as first-class privileges, much like attorney-client privileges. The decision Thursday eliminates case law dating back 33 years when views on mental health were much different, he said.
'I think it brings us toward eliminating the stigma associated with mental health,' Vicinanzo said in an interview.
Vicinanzo said his client is glad her privileges won't be violated as part of the prosecution.
'Criminal defendants will no longer have easy access to rummage through the privileged medical and mental health records of their victims, almost all of whom were women or children in sexual or domestic crimes,' he said in a statement.
Coalition Executive Director Lyn Schollett said assault victims can now slowly rebuild their lives with the privacy they deserve.
'The outrageous practice of accessing victims' irrelevant, personal information ends today,' she said in a statement. 'Granite Staters who have experienced violent crimes and heinous losses can walk into the office of a crisis center or a therapist without fear that their conversations will become public.'
jphelps@unionleader.com
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Yahoo
39 minutes ago
- Yahoo
With Trump as ally, El Salvador's President ramps up crackdown on dissent
SAN SALVADOR, El Salvador (AP) — Days before his arrest outside his daughter's house in the outskirts of San Salvador, constitutional lawyer Enrique Anaya called Salvadoran President Nayib Bukele a 'dictator' and a 'despot' on live TV. This week, lawyer Jaime Quintanilla stood outside a detention facility in El Salvador's capital with a box of food and clothes for his client, unsure if Anaya would ever be released. The Saturday arrest of Anaya, a fierce critic of Bukele, marks the latest move in what watchdogs describe as a wave of crackdown on dissent by the Central American leader. They say Bukele is emboldened by his alliance with U.S. President Donald Trump, who has not only praised him but avoided criticizing actions human rights defenders, international authorities and legal experts deem authoritarian. Authorities in El Salvador have targeted outspoken lawyers like Anaya, journalists investigating Bukele's alleged deals with gangs and human rights defenders calling for the end of a three-year state of emergency, which has suspended fundamental civil rights. Some say they have been forced to flee the country. 'They're trying to silence anyone who voices an opinion — professionals, ideologues, anyone who is critical — now they're jailed.' Quintanilla said. 'It's a vendetta.' Bukele's office did not respond to a request for comment. 'I don't care if you call me a dictator' Observers see a worrisome escalation by the popular president, who enjoys extremely high approval ratings due to his crackdown on the country's gangs. By suspending fundamental rights, Bukele has severely weakened gangs but also locked up 87,000 people for alleged gang ties, often with little evidence or due process. A number of those detained were also critics. Bukele and his New Ideas party have taken control of all three branches of government, stacking the country's Supreme Court with loyalists. Last year, in a move considered unconstitutional, he ran for reelection, securing a resounding victory. 'I don't care if you call me a dictator," Bukele said earlier this month in a speech. "Better that than seeing Salvadorans killed on the streets.' In recent weeks, those who have long acted as a thorn in Bukele's side say looming threats have reached an inflection point. The crackdown comes as Bukele has garnered global attention for keeping some 200 Venezuelan deportees detained in a mega-prison built for gangs as part of an agreement with the Trump administration. 'Of course I'm scared' Anaya was detained by authorities on unproven accusations of money laundering. Prosecutors said he would be sent to 'relevant courts" in the coming days. Quintanilla, his lawyer, rejects the allegations, saying his arrest stems from years of vocally questioning Bukele. Quintanilla, a longtime colleague of Anaya, said he decided to represent his friend in part because many other lawyers in the country were now too afraid to show their faces. On Tuesday, the Inter-American Commission on Human Rights expressed 'deep concern' over Anaya's arrest. Anaya, 61, is a respected lawyer and commentator in El Salvador with a doctorate in constitutional law. He has criticized Bukele's crackdown on the gangs and Bukele stacking of El Salvador's high court. Last year, he was among those who unsuccessfully petitioned the country's top electoral authority to reject Bukele's re-election bid, saying it violated the constitution. Days before his arrest, Anaya railed on television against the detention of human rights lawyer Ruth López, who last week shouted, 'They're not going to silence me, I want a public trial,' as police escorted her shackled to court. 'Of course I'm scared,' Anaya told the broadcast anchor. 'I think that anyone here who dares to speak out, speaks in fear.' While some of Bukele's most vocal critics, like Anaya and López, have been publicly detained, other human rights defenders have quietly slipped out of the country, hoping to seek asylum elsewhere in the region. They declined to comment or be identified out of fear that they would be targeted even outside El Salvador. Fear and an ally in Trump Last month, a protest outside of Bukele's house was violently quashed by police and some of the protesters arrested. He also ordered the arrest of the heads of local bus companies for defying his order to offer free transport while a major highway was blocked. In late May, El Salvador's Congress passed a 'foreign agents' law, championed by the populist president. It resembles legislation implemented by governments in Nicaragua, Venezuela, Russia, Belarus and China to silence and criminalize dissent by exerting pressure on organizations that rely on overseas funding. Verónica Reyna, a human rights coordinator for the Salvadoran nonprofit Servicio Social Pasionista, said police cars now regularly wait outside her group's offices as a lingering threat. 'It's been little-by-little,' Reyna said. 'Since Trump came to power, we've seen (Bukele) feel like there's no government that's going to strongly criticize him or try to stop him.' Trump's influence extends beyond his vocal backing of Bukele, with his administration pushing legal boundaries to push his agenda, Reyna, other human rights defenders and journalists said. The U.S. Embassy in El Salvador, which once regularly denounced the government's actions, has remained silent throughout the arrests and lingering threats. It did not respond to a request for comment. In its final year, the Biden administration, too, dialed back its criticism of the Bukele government as El Salvador's government helped slow migration north in the lead up to the 2024 election. On Tuesday, Quintanilla visited Anaya in detention for the first time since his arrest while being watched by police officers. Despite the detention, neither Anaya nor Quintanilla have been officially informed of the charges. Quintanilla worries that authorities will use wide ranging powers granted to Bukele by the 'state of emergency' to keep him imprisoned indefinitely. Journalists stranded Óscar Martínez, editor-in-chief of news site El Faro, and four other journalists have left the country and are unable to return safely, as they face the prospect of arrest stemming from their reporting. At a time when many other reporters have fallen silent out of fear, Martínez's news site has investigated Bukele more rigorously than perhaps any other, exposing hidden corruption and human rights abuses under his crackdown on gangs. In May, El Faro published a three-part interview with a former gang leader who claimed he negotiated with Bukele's administration. Soon after, Martínez said the organization received news that authorities were preparing an arrest order for a half-dozen of their journalists. This has kept at least five El Faro journalists, including Martínez, stranded outside their country for over a month. On Saturday, when the reporters tried to return home on a flight, a diplomatic source and a government official informed them that police had been sent to the airport to wait for them and likely arrest them. The journalists later discovered that their names, along with other civil society leaders, appeared on a list of 'priority objectives" held by airport authorities. Martínez said Anaya's name was also on the list. Now in a nearby Central American nation, Martínez said he doesn't know when he will be able to board another flight home. And if he does, he doesn't know what will happen when he steps off. 'We fear that, if we return — because some of us surely will try — we'll be imprisoned,' he said. 'I am positive that if El Faro journalists are thrown in prison, we'll be tortured and, possibly, even killed." ____ Janetsky reported from Mexico City. ____ Follow AP's coverage of Latin America and the Caribbean at
The Hill
an hour ago
- The Hill
With Trump as ally, El Salvador's President ramps up crackdown on dissent
SAN SALVADOR, El Salvador (AP) — Days before his arrest outside his daughter's house in the outskirts of San Salvador, constitutional lawyer Enrique Anaya called Salvadoran President Nayib Bukele a 'dictator' and a 'despot' on live TV. This week, lawyer Jaime Quintanilla stood outside a detention facility in El Salvador's capital with a box of food and clothes for his client, unsure if Anaya would ever be released. The Saturday arrest of Anaya, a fierce critic of Bukele, marks the latest move in what watchdogs describe as a wave of crackdown on dissent by the Central American leader. They say Bukele is emboldened by his alliance with U.S. President Donald Trump, who has not only praised him but avoided criticizing actions human rights defenders, international authorities and legal experts deem authoritarian. Authorities in El Salvador have targeted outspoken lawyers like Anaya, journalists investigating Bukele's alleged deals with gangs and human rights defenders calling for the end of a three-year state of emergency, which has suspended fundamental civil rights. Some say they have been forced to flee the country. 'They're trying to silence anyone who voices an opinion — professionals, ideologues, anyone who is critical — now they're jailed.' Quintanilla said. 'It's a vendetta.' Bukele's office did not respond to a request for comment. Observers see a worrisome escalation by the popular president, who enjoys extremely high approval ratings due to his crackdown on the country's gangs. By suspending fundamental rights, Bukele has severely weakened gangs but also locked up 87,000 people for alleged gang ties, often with little evidence or due process. A number of those detained were also critics. Bukele and his New Ideas party have taken control of all three branches of government, stacking the country's Supreme Court with loyalists. Last year, in a move considered unconstitutional, he ran for reelection, securing a resounding victory. 'I don't care if you call me a dictator,' Bukele said earlier this month in a speech. 'Better that than seeing Salvadorans killed on the streets.' In recent weeks, those who have long acted as a thorn in Bukele's side say looming threats have reached an inflection point. The crackdown comes as Bukele has garnered global attention for keeping some 200 Venezuelan deportees detained in a mega-prison built for gangs as part of an agreement with the Trump administration. Anaya was detained by authorities on unproven accusations of money laundering. Prosecutors said he would be sent to 'relevant courts' in the coming days. Quintanilla, his lawyer, rejects the allegations, saying his arrest stems from years of vocally questioning Bukele. Quintanilla, a longtime colleague of Anaya, said he decided to represent his friend in part because many other lawyers in the country were now too afraid to show their faces. On Tuesday, the Inter-American Commission on Human Rights expressed 'deep concern' over Anaya's arrest. Anaya, 61, is a respected lawyer and commentator in El Salvador with a doctorate in constitutional law. He has criticized Bukele's crackdown on the gangs and Bukele stacking of El Salvador's high court. Last year, he was among those who unsuccessfully petitioned the country's top electoral authority to reject Bukele's re-election bid, saying it violated the constitution. Days before his arrest, Anaya railed on television against the detention of human rights lawyer Ruth López, who last week shouted, 'They're not going to silence me, I want a public trial,' as police escorted her shackled to court. 'Of course I'm scared,' Anaya told the broadcast anchor. 'I think that anyone here who dares to speak out, speaks in fear.' While some of Bukele's most vocal critics, like Anaya and López, have been publicly detained, other human rights defenders have quietly slipped out of the country, hoping to seek asylum elsewhere in the region. They declined to comment or be identified out of fear that they would be targeted even outside El Salvador. Last month, a protest outside of Bukele's house was violently quashed by police and some of the protesters arrested. He also ordered the arrest of the heads of local bus companies for defying his order to offer free transport while a major highway was blocked. In late May, El Salvador's Congress passed a 'foreign agents' law, championed by the populist president. It resembles legislation implemented by governments in Nicaragua, Venezuela, Russia, Belarus and China to silence and criminalize dissent by exerting pressure on organizations that rely on overseas funding. Verónica Reyna, a human rights coordinator for the Salvadoran nonprofit Servicio Social Pasionista, said police cars now regularly wait outside her group's offices as a lingering threat. 'It's been little-by-little,' Reyna said. 'Since Trump came to power, we've seen (Bukele) feel like there's no government that's going to strongly criticize him or try to stop him.' Trump's influence extends beyond his vocal backing of Bukele, with his administration pushing legal boundaries to push his agenda, Reyna, other human rights defenders and journalists said. The U.S. Embassy in El Salvador, which once regularly denounced the government's actions, has remained silent throughout the arrests and lingering threats. It did not respond to a request for comment. In its final year, the Biden administration, too, dialed back its criticism of the Bukele government as El Salvador's government helped slow migration north in the lead up to the 2024 election. On Tuesday, Quintanilla visited Anaya in detention for the first time since his arrest while being watched by police officers. Despite the detention, neither Anaya nor Quintanilla have been officially informed of the charges. Quintanilla worries that authorities will use wide ranging powers granted to Bukele by the 'state of emergency' to keep him imprisoned indefinitely. Óscar Martínez, editor-in-chief of news site El Faro, and four other journalists have left the country and are unable to return safely, as they face the prospect of arrest stemming from their reporting. At a time when many other reporters have fallen silent out of fear, Martínez's news site has investigated Bukele more rigorously than perhaps any other, exposing hidden corruption and human rights abuses under his crackdown on gangs. In May, El Faro published a three-part interview with a former gang leader who claimed he negotiated with Bukele's administration. Soon after, Martínez said the organization received news that authorities were preparing an arrest order for a half-dozen of their journalists. This has kept at least five El Faro journalists, including Martínez, stranded outside their country for over a month. On Saturday, when the reporters tried to return home on a flight, a diplomatic source and a government official informed them that police had been sent to the airport to wait for them and likely arrest them. The journalists later discovered that their names, along with other civil society leaders, appeared on a list of 'priority objectives' held by airport authorities. Martínez said Anaya's name was also on the list. Now in a nearby Central American nation, Martínez said he doesn't know when he will be able to board another flight home. And if he does, he doesn't know what will happen when he steps off. 'We fear that, if we return — because some of us surely will try — we'll be imprisoned,' he said. 'I am positive that if El Faro journalists are thrown in prison, we'll be tortured and, possibly, even killed.' ____ Janetsky reported from Mexico City. ____ Follow AP's coverage of Latin America and the Caribbean at
Hamilton Spectator
an hour ago
- Hamilton Spectator
With Trump as ally, El Salvador's President ramps up crackdown on dissent
SAN SALVADOR, El Salvador (AP) — Days before his arrest outside his daughter's house in the outskirts of San Salvador, constitutional lawyer Enrique Anaya called Salvadoran President Nayib Bukele a 'dictator' and a 'despot' on live TV. This week, lawyer Jaime Quintanilla stood outside a detention facility in El Salvador's capital with a box of food and clothes for his client, unsure if Anaya would ever be released. The Saturday arrest of Anaya, a fierce critic of Bukele, marks the latest move in what watchdogs describe as a wave of crackdown on dissent by the Central American leader. They say Bukele is emboldened by his alliance with U.S. President Donald Trump , who has not only praised him but avoided criticizing actions human rights defenders, international authorities and legal experts deem authoritarian. Authorities in El Salvador have targeted outspoken lawyers like Anaya, journalists investigating Bukele's alleged deals with gangs and human rights defenders calling for the end of a three-year state of emergency , which has suspended fundamental civil rights. Some say they have been forced to flee the country. 'They're trying to silence anyone who voices an opinion — professionals, ideologues, anyone who is critical — now they're jailed.' Quintanilla said. 'It's a vendetta.' Bukele's office did not respond to a request for comment. 'I don't care if you call me a dictator' Observers see a worrisome escalation by the popular president, who enjoys extremely high approval ratings due to his crackdown on the country's gangs . By suspending fundamental rights, Bukele has severely weakened gangs but also locked up 87,000 people for alleged gang ties, often with little evidence or due process. A number of those detained were also critics. Bukele and his New Ideas party have taken control of all three branches of government, stacking the country's Supreme Court with loyalists. Last year, in a move considered unconstitutional , he ran for reelection, securing a resounding victory. 'I don't care if you call me a dictator,' Bukele said earlier this month in a speech. 'Better that than seeing Salvadorans killed on the streets.' In recent weeks, those who have long acted as a thorn in Bukele's side say looming threats have reached an inflection point. The crackdown comes as Bukele has garnered global attention for keeping some 200 Venezuelan deportees detained in a mega-prison built for gangs as part of an agreement with the Trump administration. 'Of course I'm scared' Anaya was detained by authorities on unproven accusations of money laundering. Prosecutors said he would be sent to 'relevant courts' in the coming days. Quintanilla, his lawyer, rejects the allegations, saying his arrest stems from years of vocally questioning Bukele. Quintanilla, a longtime colleague of Anaya, said he decided to represent his friend in part because many other lawyers in the country were now too afraid to show their faces. On Tuesday, the Inter-American Commission on Human Rights expressed 'deep concern' over Anaya's arrest. Anaya, 61, is a respected lawyer and commentator in El Salvador with a doctorate in constitutional law. He has criticized Bukele's crackdown on the gangs and Bukele stacking of El Salvador's high court. Last year, he was among those who unsuccessfully petitioned the country's top electoral authority to reject Bukele's re-election bid, saying it violated the constitution . Days before his arrest, Anaya railed on television against the detention of human rights lawyer Ruth López , who last week shouted, 'They're not going to silence me, I want a public trial,' as police escorted her shackled to court. 'Of course I'm scared,' Anaya told the broadcast anchor. 'I think that anyone here who dares to speak out, speaks in fear.' While some of Bukele's most vocal critics, like Anaya and López, have been publicly detained, other human rights defenders have quietly slipped out of the country, hoping to seek asylum elsewhere in the region. They declined to comment or be identified out of fear that they would be targeted even outside El Salvador. Fear and an ally in Trump Last month, a protest outside of Bukele's house was violently quashed by police and some of the protesters arrested. He also ordered the arrest of the heads of local bus companies for defying his order to offer free transport while a major highway was blocked. In late May, El Salvador's Congress passed a 'foreign agents' law , championed by the populist president. It resembles legislation implemented by governments in Nicaragua, Venezuela, Russia, Belarus and China to silence and criminalize dissent by exerting pressure on organizations that rely on overseas funding. Verónica Reyna, a human rights coordinator for the Salvadoran nonprofit Servicio Social Pasionista, said police cars now regularly wait outside her group's offices as a lingering threat. 'It's been little-by-little,' Reyna said. 'Since Trump came to power, we've seen (Bukele) feel like there's no government that's going to strongly criticize him or try to stop him.' Trump's influence extends beyond his vocal backing of Bukele , with his administration pushing legal boundaries to push his agenda, Reyna, other human rights defenders and journalists said. The U.S. Embassy in El Salvador, which once regularly denounced the government's actions, has remained silent throughout the arrests and lingering threats. It did not respond to a request for comment. In its final year, the Biden administration, too, dialed back its criticism of the Bukele government as El Salvador's government helped slow migration north in the lead up to the 2024 election. On Tuesday, Quintanilla visited Anaya in detention for the first time since his arrest while being watched by police officers. Despite the detention, neither Anaya nor Quintanilla have been officially informed of the charges. Quintanilla worries that authorities will use wide ranging powers granted to Bukele by the 'state of emergency' to keep him imprisoned indefinitely. Journalists stranded Óscar Martínez, editor-in-chief of news site El Faro, and four other journalists have left the country and are unable to return safely, as they face the prospect of arrest stemming from their reporting. At a time when many other reporters have fallen silent out of fear, Martínez's news site has investigated Bukele more rigorously than perhaps any other, exposing hidden corruption and human rights abuses under his crackdown on gangs. In May, El Faro published a three-part interview with a former gang leader who claimed he negotiated with Bukele's administration. Soon after, Martínez said the organization received news that authorities were preparing an arrest order for a half-dozen of their journalists. This has kept at least five El Faro journalists, including Martínez, stranded outside their country for over a month. On Saturday, when the reporters tried to return home on a flight, a diplomatic source and a government official informed them that police had been sent to the airport to wait for them and likely arrest them. The journalists later discovered that their names, along with other civil society leaders, appeared on a list of 'priority objectives' held by airport authorities. Martínez said Anaya's name was also on the list. Now in a nearby Central American nation, Martínez said he doesn't know when he will be able to board another flight home. And if he does, he doesn't know what will happen when he steps off. 'We fear that, if we return — because some of us surely will try — we'll be imprisoned,' he said. 'I am positive that if El Faro journalists are thrown in prison, we'll be tortured and, possibly, even killed.' ____ Janetsky reported from Mexico City. ____ Follow AP's coverage of Latin America and the Caribbean at Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
