Medical records to be released to lawyer of man accused of providing heroin causing death
A ruling last week in the Washtenaw County Trial Court will allow the medical records of Nicholas Belanger to be released to the defense team of the man accused of providing the heroin that killed him.
Brendan Lathrop
Courtesy of the Washtenaw County Sheriff's Office
Washtenaw County Trial Court Judge Donald Shelton ruled July 24 that Belanger’s records from his Brighton Hospital stay from Oct. 23, 2011 to Nov. 3, 2011 should be made available to Brendan Lathrop’s attorney, records show.
Daniel Geherin, Lathrop’s attorney, had filed a motion for the Brighton Hospital records — along with prescription records and other medical records dating back to October 2010 — to show possible drug abuse in Belanger’s past.
Belanger was discovered dead in his car outside Lathrop’s apartment on Jan. 22. He was 26 years old. Lathrop has been charged with providing the heroin that led to the overdose along with delivery of a controlled substance less than 50 grams. He faces a lifetime in prison, if he’s convicted.
Shelton ruled in a court hearing last week to release the records over the protests of Washtenaw County Assistant Prosecutor Blaine Longsworth. The records should have had no bearing on the case because the time difference between the hospital stay and Belanger’s death wouldn’t prove anything, Longsworth wrote in a brief.
“Undeniably, no controlled substance before or even during his stay at Brighton Hospital could have contributed to his death,” Longsworth wrote.
Nicholas Belanger
Courtesy of MLive
Longsworth was also critical of the request for all records from October 2010 until Belanger’s death in January, calling it “a classic fishing expedition.”
The 26-year-old Belanger was a graduate of Saline High School and a hockey coach at Father Gabriel Richard High School. He was found dead outside of Lathrop’s Park Place apartment in his car.
The next hearing in the case is scheduled for 1:30 p.m. Aug. 14, according to court records. The trial date in the case is on Sept. 17.
Lathrop in still is being held without bond in the Washtenaw County Jail.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
Joe_Citizen
Fri, Aug 3, 2012 : 5:33 a.m.
So a man took too much heroin, and the state is trying to pin another mans decision on the guy who provided it. OK, so drugs that are addictive (everything can be addictive) is being tried. So, lets see here, can I sue Kroger's, Meijers, and the like for making me fat! How about inditing the owners of liquor stores and bar's for every case of death caused from drunk driving, or alcohol poisoning. I mean this is what the court is saying right? So a dear friend killed himself with a rope he bought from Ace hardware, can we try Ace for selling him a rope to hang himself with? What Gives Here Folks?
bee
Fri, Aug 3, 2012 : 3:33 a.m.
According to http://law.onecle.com/michigan/750-michigan-penal-code/mcl-750-317a.html: Delivery of schedule 1 or 2 drugs that results in death is punishable by life imprisonment. Unfortunately this law has the larger implication of why a drug dealer is held responsible for a user's death. I have personally and know several other people who have lost a loved one to heroin. It is fair to charge a dealer for sale or possession of a drug, but to blame them for someone else's informed decision to use drugs seems harsh. What an awful situation for all involved... My thoughts and prayers to the Belanger family.
snapshot
Mon, Aug 6, 2012 : 4:21 a.m.
We should also hold parents, siblings, and friends accountable too if they provided any assistance like a place to live, money, or support of any kind like transportation, a vehicle, etc. etc.
Frank Lee
Fri, Aug 3, 2012 : 1:20 p.m.
Bee - Thanks for the info on Section 750.317a.
Basic Bob
Fri, Aug 3, 2012 : 2:33 a.m.
It should be mentioned that Brighton Hospital (Brighton Center for Recovery) offers addiction treatment programs: Detox from heroin takes 7-14 days.
Frank Lee
Thu, Aug 2, 2012 : 9:08 p.m.
I'm fairly certain "providing the heroin that led to the overdose" is not a formal charge, although the article is worded as such. I welcome any supporting information or clarification. This man should only be charged with delivery of a controlled substance less than 50 grams which could bring a max prison sentence of 20 years. We are sold many things (legal or not) that could be lethal if not used properly. The consumer must accept some responsibility. The chance of life imprisonment for the seller does not fit the crime.
Enso
Thu, Aug 2, 2012 : 7 p.m.
I hope the man arrested takes this all the way to the Supreme Court. This would definitely qualify as cruel and unusual punishment. The guy obviously made the choice to buy the heroin, I don't see how that qualifies as a sentence of life imprisonment.
S
Tue, Oct 9, 2012 : 1:09 p.m.
You have no idea what you are talking about. He played a far larger role than just selling the drugs to him. They originally went after him for Murder II, although after hear just SOME of the facts from the case, I believe it may have been premeditated as well. Did you know the man being charged has been to many (I think it was 6, but I could be wrong) recovery clinics consistently over 3 years? And if the trial had proceeded, you would have heard from his friends and clinic residents, who knew he was there just to find/tempt more clients. He had no intention of recovering. That is where he found Nick.
Michigan Reader
Sun, Aug 5, 2012 : 1:43 a.m.
@Enso--Life is the MAXIMUM sentence he could get; past criminal history and other factors are taken into consideration. The statute provides for a sentence of "life or any number of years".
Basic Bob
Fri, Aug 3, 2012 : 7:13 p.m.
Do they "Get out of jail free" for their next alleged offense?
Enso
Fri, Aug 3, 2012 : 12:29 p.m.
Really? So if someone is found 'Not Guilty' they don't receive a sentence? Wow, thanks for clearing that up.
Matt Cooper
Fri, Aug 3, 2012 : 1:39 a.m.
Cruel and unusual punishment comes in the sentencing phase...post-conviction. Not in the arrest, prelim exam or trial phases. If he's exonerated he will face no punishment.
RJA
Thu, Aug 2, 2012 : 6:30 p.m.
What else is there to say until after the next court hearing??
treetowncartel
Thu, Aug 2, 2012 : 6:28 p.m.
Sounds like the right decision to me.