ALPENA — Attorneys for Heather Winfield, a former Alpena Public Schools special education teacher accused of having a sexual relationship with a student, filed a motion last week seeking access to the mental health records of the alleged victim.

In January, Winfield was charged with multiple counts of criminal sexual conduct against a minor, alleged to have occurred over a two-year period beginning in 2016 when the student was 11. After Winfield resigned from Alpena in 2016, she worked as a long-term substitute teacher in Hillman.

The News does not identify victims of sexual assault.

Stating a right for a defendant to have all records needed to provide adequate defense, attorney Alan Curtis asked for an order to compel the prosecution to produce a list of all mental health care providers for the boy, along with associated records, since 2015.

The alleged victim, Curtis said, should be compelled to authorize the private medical records to be reviewed by a judge, or, if the boy refuses, he should not be allowed to testify.

The defense asks in their motion that the mental health records be reviewed by a judge in an “in camera review,” a process by which a judge privately determines if confidential or sensitive material is reasonably necessary for an adequate defense.

Because the mental health of the alleged victim has been raised by the prosecution, who have asked to be allowed to use testimony by an FBI agent with expertise in the behavior of young people facing trauma, a complete picture of the boy’s mental health is crucial to an effective defense, Curtis said. The information is especially pertinent, given the boy’s background, which includes several significant traumatic events during his childhood, the attorney argued.

As of Wednesday, the Alpena County Prosecutor’s Office had not yet filed a response.

In a separate motion, filed at the end of November, the defense demanded the production of audio and video recordings of all forensic and law enforcement interviews, as well as any associated notes or records. Records of interviews with any witnesses were also demanded.

Winfield’s attorneys implied the prosecution is withholding information incorrectly.

Last week, Assistant Prosecutor Cynthia Muszynski indicated in a court filing the prosecution had provided all required interviews.

The prosecution hasn’t read and doesn’t intend to rely on notes taken by the forensic interviewer at trial, Muszynski said, and can’t speak for any and all other individuals who may have spoken with witnesses associated with the case.

Privileged information is not subject to disclosure, the response noted, specifying notes of witness interviews as being exempt from the production requirement.

The defense has every ability to interview the same witnesses, and should do so, Muszynski stated in her response, citing a Court of Appeals opinion that “the prosecutor is not required to do the defense’s investigation for him.”

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.