1. I, James Wolf, counsel for the United States House of Representatives Select Committee on Assassinations, have been duly authorized and directed by the Subcommittee on the Assassination of Dr. Martin Luther King to request of this court an order disclosing the medical records of Ms. Grace Walden to the Members and staff of the House Select Committee on Assassinations (Committee). 2. This application is made in accordance with 21 U.S.C. §1175 (b) (2) (c) and 42 U.S.C. §4582 (b) (2) (c), which both provide, with respect to the "Confidentiality of patient records Disclosure authorization," that the contents of such records may be disclosed: If authorized by an appropriate order of a court of The Committee believes that a court order is not necessary when a duly authorized and issued Congressional subpoena is served upon the custodian of the records. The Committee, however, is willing to obtain such an order since it was requested by Dr. Morris Cohen, Superintendent of Western Mental Health Institute. 3. The Committee is a duly constituted committee of the United States House of Representatives, and has been authorized and directed by H. Res. 222 "to conduct a full and complete investigation and study of the circumstances surrounding the assassination and death of President John F. Kennedy and the assassination and death of Martin Luther King, Junior, and of any other persons the select committee shall determine might be related to either death..." The Subcommittee on Dr. Martin Luther King has determined that the medical records of Ms. Walden are necessary to conduct a full and complete investigation into the assassination of Dr. King. On May 23, 1978, the Subcommittee on Dr. Martin Luther King approved this request for an order disclosing the medical records of Ms. Grace Walden. 4. Ms. Grace E. Walden was a resident of Room 6-B of a rooming house located at 422 South Main Street, Memphis, Tennessee on or about April 4, 1968. She is alleged to have been present in that room, which is adjacent to a bathroom from which a gun shot allegedly was fired which fatally wounded Martin Luther King, Jr., at approximately 6:01 p.m. on that date. Ms. Walden has been interviewed by the Memphis Police Department, the Federal Bureau of Investigation, the news media, various private individuals, an attorney for James Earl Ray, and members of the staff of the Committee as a possible witness to the escape of the assailant of Martin Luther King, Jr. 5. Ms. Walden was a patient at Western Mental Health Institute from on or about July 31, 1968, until her discharge on or about April 25, 1978. 6. Mr. Mark Lane, the current attorney for James Earl Ray, has publicly alleged that Ms. Walden's commitment and detention at Western Mental Health Institute was intended to prevent her from disclosing information which would be exculpatory to James Earl Ray. 7. Mr. Lane and Mr. Duncan Ragsdale were, as of June 7, scheduled to be appointed co-guardians for Ms. Walden once they posted the necessary bonds. Although it was not legally required to do so, they were notified on June 7th and June 8th respectively of the intent of the Select Committee to request this order. As of June 7th, they declined to sign a waiver which would release the records to the Committee and obviate the necessity for this order. 8. It is in the public interest that the Committee have full and complete access to the medical records of Ms. Walden to determine whether or not her commitment was in any way connected with the assassination of Dr. King. Access to the records is consequently necessary for the Committee to be able to fulfill its legislative mandate from the U. S. House of Representatives. 9. The Superintendent of Western Mental Health Institute, Dr. Morris Cohen, is the legal custodian of the records pertinent to Ms. Walden. Dr. Cohen advised Chairman Stokes of the Committee by letter of May 12, 1978 that he "cannot authorize release of Ms. Walden's records to anyone outside the State Mental Health system without...a subpoena" and an "order which recites that the subpoena is for good cause and that the public need outweighs any injury to the ex-patient." Dr. Cohen further advised that he will "forward a certified copy of Grace Walden's medical records... immediately" after receiving a copy of the order and subpoena. A copy of the subpoena issued by the Committee is attached as Exhibit A to this Application. WHEREFORE, it is respectfully requested that the court enter an order disclosing the medical records of Ms. Grace Walden to the Select Committee on Assassinations, finding that the subpoena is for good cause and the public need outweighs any injury to the ex-patient. EXHIBIT A ORIGINAL BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES OF THE CONGRESS OF THE To G. Robert Blakey, or any assistant_designated by him: You are hereby commanded to summon Dr. Morris D. Cohen, Superintendent Western Mental Health Institute, Bolivar, Tennessee. Subcommittee on the Assassination of Martin Luther to be and appear before the King, Jr. Select Committee on Assassinations, Committee of the House of Representatives of the United States, of which the Hon... Walter E. Faunt.roy is chairman, and to bring with you all records, files, charts, and anything whatsoever relating to the commital of Grace Walden Stephens to Western Mental Health Institute; to diagnoses, evaluations and treatment of Grace Walden Stephens while at Western Mental Health Institute; to the release of Grace Walden Stephens from Western Mental Health Institute; and/or in any other way relating to Grace Walden Stephens, in their chamber in the city of Washington, on Thursday, June 22, 1978 at the hour of ...---- 9:00 am then and there to testify touching matters of inquiry committed to said Committee; and he is not to depart without leave of said Committee. Herein fail not, and make return of this summons. Compliance with this subpoena may be obtained by furnishing the requested materials to the server of this subpoena. 42-743-7+ 1 401 |