ALPENA — Mental health treatment records should not be turned over to defense attorneys just because they might contain information helpful to their case, an Alpena County prosecutor said in paperwork filed Friday.

A motion filed earlier this month by defense attorneys for Heather Winfield, a former Alpena Public Schools teacher accused of having a sexual relationship with a student, did not adequately demonstrate that notes related to counseling sessions for the alleged victim would contain information necessary to their defense, according to Alpena County Assistant Prosecutor Cynthia Muszunski.

The News does not identify victims of sexual assault.

Both sides will argue their points at a motion hearing scheduled to be held mid-January in Alpena’s 26th Circuit Court.

In what Muszunski called a “fishing expedition,” attorneys from the White, Wojda, and Curtis law firm, representing Winfield in the case, requested access to a list of all mental health care providers for the alleged victim, along with associated records, since 2015.

The mental health records would, if the defense’s motion is granted, be reviewed privately by a judge, who would determine if the confidential material should be released because it is reasonably necessary for an adequate defense.

While the defense contends that a complete picture of the minor’s mental health, especially given some past traumatic and personality-shaping events, is crucial to an effective defense, Muszynski said in her filed response that those records should not be shared.

The mere fact that someone sought mental health treatment and was, at some point in their lives, a victim of a crime “does not pierce the veil of the counselor-patient privilege,” Muszinski said in the document.

The defense motion and the prosecution’s response will be debated at a motion hearing scheduled for January 15 in the 26th Circuit Court. The hearing will be presided over by Judge Roy C. Hayes III, from Charlevoix’s 33rd Circuit Court, who was assigned to the case by Michigan’s State Court Administrative Office.

Hayes was assigned due to the vacancy created by the absence of Judge Michael Mack, who announced his retirement effective January 3 after he was removed from 26th Circuit Court dockets amid a Michigan State Police investigation for undisclosed reasons.

The expected length of Winfield’s trial, which is scheduled for February 18 to 27, necessitated the appointment of a judge, according to SCAO spokesperson John Nevin. Hayes was assigned according to normal procedure to maintain timely and consistent coverage for local courts experiencing a vacancy without creating additional unnecessary expenses, Nevin said.

Other attorney requests regarding the Winfield case will be addressed at the January 15 hearing, as well, including several others filed by the prosecution Friday.

In several separate motions, Muszunski indicated her intent to request the admission of statements made by the alleged victim to others as non-hearsay evidence, contested the potential evidence to be presented by witnesses included on the defense’s witness list, and requested that the court not allow the use of certain information obtained from cell phones during a police investigation if that information is not directly related to the accusations against Winfield.

The defense will have opportunity to reply to the prosecution’s motions in writing before both sides argue their points before Hayes in January.