TALLAHASSEE, Fla. (WTXL) - A lawyer for one of the fraternity members charged in the death of a pledge is requesting documentation of Andrew Coffey's medical history, saying the State knew about records "related to alcohol abuse" by Coffey.
WTXL ABC 27 has obtained a copy of the motion filed Tuesday at Circuit Court in Leon County. It seeks to keep the State from denying a request for "historical medical records of the victim as well as records held by Florida State University's General Counsel."
The document alleges the State was notified the defendant's counsel was seeking Coffey's medical records but said it had "no knowledge of any such medical records existence."
In fact, the document says the State suggested the release of the documents would be "'fishing' for the personal medical records of the decedent which, 'constitute an abusive attack of the deceased and an abuse of discovery rules.'"
However the motion contends, "the State did have knowledge of the possible existence of medical records related to alcohol abuse and treatment for same by Andrew Coffey."
Based on a recorded sworn statement that was taken by a sergeant at FSUPD and an investigator at the Tallahassee Police Department during their investigation, one person connected to the case claimed Coffey had "trouble drinking in the past," going further to say "[Coffey had] been to the hospital previously for drinking, more than once for drinking."
The motion asserts that despite this recorded sworn statement, there were no notes from either FSUPD or TPD regarding any investigation into "Andrew Coffey's alleged hospitalization for excessive drinking."
"Despite having participated in the case from its inception, having conducted at least 36 sworn and unsworn interviews, and taken copious notes as seen on video, and having participated in the Grand Jury process," the legal counsel was told by the State during a follow up that the sergeant involved "did not write a report" and "any notes are not discoverable pursuant to Florida law."
The lawyer contends that his client is entitled to these documents because the sergeant was not a part of the State's legal staff.
Now, the defendant is seeking the following:
"All records related to the death, and subsequent investigation into the death of Andrew Coffey, to include all correspondence between Florida State University and the Tallahassee Police Department and/or Florida State University Police Department and the Office of the State Attorney."