Insanity Defense

Amicus Brief: Defense Investigation Must Remain Confidential

Attorney Wood along with Attorney Sara Silva recently filed an amicus brief on behalf of the Massachusetts Association of Criminal Defense lawyers arguing that the defense must be allowed to keep its investigation confidential and privileged. In this case, the trial judge ordered the defense to disclose data gathered by a mental health expert that the defendant’s attorneys decided not to call. (Indeed, a different mental health expert that the defense eventually called to testify did not rely on the first expert’s data.) This is classic work-product privileged material and should not be required to be disclosed to the prosecution.