Judge Overrides Will of Voters, State Legislature-Rules Privileged Communication in Sex Assault Case Involving a Minor Can Be Turned Over to Alleged Perpetrator; State Plans to Ask for Reconsideration by Judge; Case May End Up in U.S. Supreme Court


Circuit Court Judge Richard Wayne Pollack ruled Jan. 11, 2005, that a privileged communication between a counselor and a minor child who sought counseling after allegedly being sexually assaulted five times, could be turned over to the accused perpetrator Wayne Griffin, should the judge deem the communication relevant.

Citing federal 1987 case law in ”’Penn. v. Ritchie”’, Pollack says he believes, as the defense argued in court, that the federal ruling trumps Hawaii