Judge OKs limited use of diary in sex assault case
DANBURY - The attorney for a psychiatrist accused of having sex with one of his patients will able to use portions of the victim’s diary in his client’s defense, a Superior Court judge has ruled.
After reviewing the diary, Judge Dan Shaban said portions of the document could be used in the defense of Paul Fox, a psychiatrist who once treated Sandy Hook shooter Adam Lanza.
An 18-year-old Western Connecticut State University student, identified as Jane Doe in court records, had begun seeing Fox in 2011 for treatment of depression and an eating disorder, authorities have said, and at some point he began having sex with her.
The allegations surfaced in 2013 when detectives working on the Sandy Hook investigation began interviewing former clients of the psychiatrist, who stopped treating Lanza about five years before the Dec. 14, 2012, shooting at the elementary school.
The woman told investigators about the sexual relationship, saying she was “drugged up and out of my mind” on a cocktail of prescription drugs Fox prescribed, court documents state. The sexual encounters occurred at his Brookfield office and on a sailboat he kept at Candlewood Lake, documents show.
Fox, who now lives in Maine and did not appear in court Wednesday, faces a number of charges including second-degree sexual assault.
Shaban reviewed the woman’s diary in his chambers. In a written ruling, he said the document contains passages that could be used to dispute claims that the victim was emotionally dependent on Fox - an element the state must prove to convict on a second-degree sexual assault charge.
“The court finds a limited amount of information that, while not exculpatory, could be considered material to the defense on the issue of guilt,” Shaban wrote.
Some of the language used in the diary by the victim, according to the judge’s ruling, include statements such as “I love him” and “I’m obsessed.”
He added that the diary may be reviewed only by the attorneys and is not to be released publicly. Fox will also not be allowed to have copies of the diary entries.
Maura Crossin, an attorney representing the victim, said copies of the diary were provided to both the defense attorney and State’s Attorney Stephen Sedensky, who asked the judge Wednesday for more time to review the information.
The case was continued to Nov. 16.