Keys judge can’t order alleged victim to provide a list of people she’s dated, court rules
An alleged victim of domestic battery won’t have to provide to a court a list of people she has dated over the past decade after all, a Florida Keys judge ruled Friday in Key West.
Monroe County Judge Peary Fowler had ordered Joann Scurfield to submit a list of names, and ways to contact the people, in May in the state’s misdemeanor battery case against Bradley Thomas McBride.
But Circuit Court Judge Timothy Koenig ruled from the bench Friday after a hearing that Fowler overstepped the law and that such an order would cause harm to the alleged victim and could undermine public confidence in the trial process.
“This is a victory for domestic violence survivors,” said attorney Shad Neiss, of the Florida Coalition Against Domestic Violence.
Prosecutors say that on Jan. 19, 2018, McBride, 38, attacked Scurfield in her Key West home, holding her on the ground and biting her neck.
The attack left Scurfield with teeth marks on her neck, police said.
Fowler was responding to a request by defense attorney Hal Schuhmacher, who asked Scurfield during a deposition about her past relationships only to have a prosecutor tell her not to answer.
Scurfield also said she wouldn’t answer the question.
Assistant State Attorney Cristy Spottswood argued that forcing Scurfield to deliver a list of past relationships would cause irreparable harm because it would become part of the public record.
“The revictimization cannot be undone,” Spottswood said.
Koenig agreed with Spottswood that the woman has a right to privacy under the law and that Fowler’s order, if upheld, could do harm not only to the alleged victim but the process as a whole.
“Public confidence in the credibility of the process can be affected,” Koenig said.
Schuhmacher argued his client is allowed to ask the woman about her past to find out whether she has falsely accused another partner of violence or has possibly committed perjury.
Koenig said the law is clear, citing case law.
“Acts of misconduct that did not result in a conviction are not available to a party to attack the credibility of a witness,” he said. “Discovery is not a weapon, it is a tool.”
About 25 people attended the hearing in support of the alleged victim. Many wore large buttons that read, “We hear you. You are not alone.” One woman carried a National Organization for Women sign.
State Attorney Dennis Ward, who attended Friday’s hearing at the county courthouse, said his office will always work hard to protect victims’ rights.
“It’s difficult to get women to come forward and to stick with us for the whole case,” Ward said. “We get so many dropped along the way.”
This story was originally published December 6, 2019 at 1:18 PM.
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