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Judge ends records dispute
By JAMIE JONES
© St. Petersburg Times, BROOKSVILLE -- A legal dispute between County Judge Peyton Hyslop and the state attorney's office was resolved when Hyslop decided he could allow prosecutors access to medical records in a possible DUI case. At issue was whether state attorneys should have access to Christopher Boulware's medical records. Boulware, 1095 Altoona Ave., ran off the road and crashed into a utility pole on Oct. 10, 1999, and prosecutors think he may have been impaired. They want medical records to help decide whether to file charges. Meanwhile, they filed a civil suit in the 5th Judicial Circuit to try to force Hyslop to make a ruling. Their time was running out, as the statute of limitations for Boulware's case expires Oct. 10. Hyslop said attorneys initially did not present enough evidence to justify releasing confidential medical records. "There wasn't evidence criminal activity had occurred," Hyslop said. He also has noted that it took prosecutors almost a year to send an order for the records. The dispute was resolved after Hyslop held another hearing last week and the state presented two additional witnesses. Their testimony gave a reasonable suspicion that alcohol may have been involved in the crash, Hyslop said. He ruled that prosecutors had constitutional grounds to review the medical records. The state attorney's suit against Hyslop was dismissed by a three-member appellate panel. Hyslop and state prosecutors have clashed in the past over DUI cases. Angela Newton, assistant state attorney, said the process has taken so long because the Florida Highway Patrol delayed in notifying the office about a possible DUI, and other procedural work.
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