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Published: Thursday, July 05, 2018 @ 6:00 AM
WARREN COUNTY — The case of a Carlisle teen awaiting trial on aggravated murder charges for allegedly killing her newborn baby took a detour to the appeals court in April, just days before trial.
Since then attorneys have been busy filing briefs concerning medical records at the heart of the issue that halted the trial of Brooke Skylar Richardson. But as ordered by Warren County Common Pleas Judge Donald Oda II, the content of those briefs outlining both the prosecution — and defense stances — have been 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 for the May 2017 death of her infant.
In May, after a scheduling order was issued by 12th District Court of Appeals Judge Robert Hendrickson, briefs were filed by both sides.
Last week, Warren County Assistant Prosecutor Kristen Brant, who is handling the appellate case for the state, requested oral arguments before the 12 District.
Ben Manning, 12th District court administrator, said a date has not yet been set for those oral arguments. He estimated it might be another couple months before it is scheduled.
On April 12, Oda issued a split 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.