A Massachusetts prosecutor pushed back Thursday against former Concord teacher Howie Leung’s attempt to access the private mental health records of the girl he is accused of sexually assaulting.
District Attorney Radu Brestyan argued that the state is not required to give Leung’s defense attorney the name of the counselor who treated the girl.
Last month, defense attorney Ghazi Al-Marayati filed a motion requesting that prosecutors reveal the identity of the counselor who met with the former Concord student shortly after the last sexual assault is alleged to have taken place.
But in Middlesex Superior Court in Woburn, Massachusetts on Thursday morning, Brestyan argued that he is under no obligation to find out the name of the counselor.
“I cannot be forced to go out there and conduct defense-directed investigation,” Brestyan said.
The former student, who told police Leung sexually assaulted her at the Fessenden Summer ELL Program in 2015 and 2016 when she was 13 and 14 years old, attended the counseling session because her grades were dropping, according to Brestyan.
The meeting could be introduced by the defense because while talking with the counselor, the girl did not mention being assaulted.
The counselor is a mandated reporter, according to Brestyan, and would have been legally required to submit a child abuse report if the student had mentioned anything during the meeting.
“Mental health treatment is something private, it is strongly protected by the law,” Brestyan said. He added there is “no reason to delve into the privacy of this young lady,” and he would question the relevance of the counselor’s name to the case even if the information was revealed.
Judge Kathe M. Tuttman, who presided over the hearing, said she will take the matter under advisement and read the supplemental documents that Al-Marayati submitted. She is expected to release a written decision within the next few days.
Leung was present at the hearing, and sat beside his defense attorney wearing a light blue button-down shirt and white pants. He is facing two charges of aggravated rape of a child with a 10-year age difference, two charges of aggravated indecent assault and battery on a child under age 14, and two counts of aggravated indecent assault and battery on a person age 14 or older. He has pleaded not guilty to all charges.
At the same hearing Thursday, Judge Tuttman approved a request to allow Leung to remove his GPS tracking bracelet for a medical procedure on March 4. Leung’s current bail conditions require that he remain in Massachusetts, keep a curfew between midnight and 6 a.m. and wear a GPS ankle bracelet constantly to make sure he is adhering to those requirements.
With the new ruling, Leung is allowed to remove his GPS bracelet next Wednesday at the hospital and leave it off until after his medical procedure is over. He has to coordinate with probation officer Michael Checkman throughout, and report back to the court later that day to be given another bracelet.
The judge also granted a request to give Leung a copy of his passport, which was impounded by Newton District Court in July 2019. The original passport will remain in custody at Middlesex Superior Court.
Leung’s final pretrial conference is scheduled for May 28. His trial is slated to begin June 8.