MANDAN, N.D. — Kailey Erhart, the Mandan mother accused of killing two of her children and injuring a third, made a court appearance Friday afternoon in Morton County Court via Zoom, where a judge heard arguments concerning the release of her mental health counseling records.
Erhart faces murder charges for allegedly causing the deaths of her five-month-old and three-year-old children, and injuring her one-year-old, during an attack reported this past August. The contentious issue of accessing Erhart's mental health history has been the subject of intense debate in court filings in recent weeks.
Erhart's defense team has requested Judge Marina Spahr to invalidate search warrants that seek to uncover Erhart’s mental health history. Prosecutors, however, are pushing for access to these records.
In September, prosecutors served a search warrant specifically seeking three and a half years of psychotherapy notes and counselor assessments, which originated from four different counseling centers.
Defense attorney Stormy Vickers argued strenuously that these records are strictly protected under doctor-patient privilege, asserting that the state currently possesses no legal authority to pierce this confidentiality. Vickers stated, "The fact that we’re not there yet means the state cannot obtain that information," emphasizing that a specific legal trigger must exist for the state to gain access.
Conversely, prosecutor Chase Lingle contended that the defense had effectively waived this privilege. Lingle argued that this occurred because the defense utilized a Rule 17 subpoena to obtain the records rather than having Erhart herself directly provide them. Lingle quoted from the rule, stating, "When the items arrive, the court may permit the parties and their attorneys to inspect all or part of them," which Lingle interprets as a clear grant of authority for the court to "pierce the privilege veil for documents that arrive under Rule 17."
As of now, no records have been turned over to prosecutors. Judge Spahr will take the matter under review before making a decision. Her options include inspecting the records under seal, releasing them to the parties, or entirely blocking the state from viewing them. The judge did not specify a date for when she anticipates rendering her decision on the matter.
Erhart's next court appearance is scheduled for December 7, with her trial currently slated to begin on February 1.