Judge Denies DHHS Motion to Quash in Bachmurski Case, Orders In-Camera Review of Records

Your financial contribution empowers watchdog reporting that protects and informs us all. A judge has denied a motion by the Iowa Department of Health and Human Services (DHHS) seeking to block the release of confidential records in the murder case of James David Bachmurski. In a ruling issued this month, the Iowa District Court for Winneshiek County ordered DHHS to submit its file on 15-year-old Jade Marie Colvin to the court for a judge to privately evaluate the materials for potentially exculpatory evidence. Bachmurski, 65, is charged with second-degree murder in the death of Colvin, who was last seen by her family in March 2017. The Department argued that the records are protected by confidentiality laws under Iowa Code §§ 217.30 and 235A.15, and sought to quash the defense subpoena issued earlier this year. However, the court emphasized that it had already authorized the subpoena under the condition that any documents be reviewed in camera to protect confidential information not relevant to the case. Earlier this month, defense attorneys objected to DHHS's request, saying there are differences between what department workers wrote in their reports and what law enforcement reported. They believe this could mean important information that might help prove their client's innocence was left out or hidden. This move is the latest as the team continues to build its case. The court previously granted a request to subpoena evidence from the Ames Police Department for records related to what the defense describes as the "alleged victim's prior history of runaway behavior and specific tangible items of evidence regarding her methods and plans." They argued that the additional DHHS file could contain critical information not reflected in the summaries previously turned over by the prosecution. The court cited Iowa Code § 235A.15(2)(d), which allows the release of child abuse information to the district court when necessary to resolve issues arising in a case involving child abuse. While the records will not be handed directly to the defense, the judge will now determine whether any part of the DHHS file is relevant and must be disclosed under constitutional and legal standards. Don't miss out on important updates! Subscribe to the newsletter for free and stay informed about local topics that matter most to you.