Medical Malpractice

How can you subpoena an complete police report from the sheriff,s dept. in North Carolina?

I've went to the sheriff's department twice asking for a copy of a police report that was filed on 2-13-07 with Rockingham county sheriff's dept. concerning abuse of a 3 year old boy that I was a whitness to. The mother of the child admitted to abusing the child and told the deputies at my house that she had done it but she had went to the hospital for it and now she was on medication for it. A Rockingham County North Carolina Sheriff's Department detective continues to tell me that they can not arrest the mother simply because she admitted kicking him, poking him in the chest calling him a stupid baby and droping him in mid air on purpose. Now that I have told the detective they needed to do something about the abuse reported on this date. He also claims to have never gotten a picture of the childs hand burnt that I have proof I gave his office. The only part of the report I can get reads ( SEE ATACHED PAGE. ) They say BY LAW they can't give me the full report. Is this true? The child had been living in our home for the past 3 months when this happend. The mother had checked herself into a hospital in Danville, Va. and stayed apx. 1 week and for the next 2 months continued asking to take her child back to Virginia. Me and her mother both told her that if she came to North Carolina and tried to take the child back to Va. We would not let her take the child without the sheriff's dept and we would file a report against her when we knew she was back in North Carolina. This decision was made after she admitted to a long history of abusing the child when she got mad. We have now filed 2 police reports, 2 reports with child protective services and provided multiple statements to the police. Aswell we have provided the sheriff's dept. with a picture of the child's hand burnt, They know there is a hospital record at Danville Regional Mental Ward. And she has admitted it. What more does it take to have something done about a child being abused? Thank you to all who have answerd this question. It realy helps to know some of the things that are being posted. The main purpose of the sudden concern is because about 1 week ago the child's uncle whitnessd the mother push the child into a coffee table because he would not stop playing with drinking coasters. The child has a large bump on his head. It has been reported to child protective services but we expect the same response as before. Probably like last time they will sweep it under the rug and out of sight as quick as possable.

Public Comments

1. Yes it's true. You have no standing in the case. You're a witness, it sounds like, and as such you have no vested interest in the case. You may personally be interested in the case, but that doesn't mean anything legally. Imagine if your neighbors called the police because they heard shouting in your house, and then demanded that the police tell them what the argument was about, who won, what's going to happen, etc. It's a severe violation of privacy to turn over a police report to someone who has no reason other than curiosity (no matter how well-founded you think it is) so just feel good having done your job by reporting that mother.
2. they probably can't give you a copy of the report depending on state and local laws. i would try contacting a lawyer form North Carolina and ask them what, if any, process you would have to go through to have the record subpoenad into court. good luck.
3. Yes. Police reports concerning allegations of abuse against children are protected by law. The police will not give you a copy, not can you subpoena it. They are wrong that they could not arrest her, though - but there's nothing that you can do about it, it's a matter for police discretion. (In reality, they're probably not 'wrong' as such - they almost certainly know that they 'could' arrest her, they are choosing not to, and lying to you about it.) About the only thing you can do is make a report to CPS, and see if they will light a fire under the Sheriff. Richard
4. You can file a FIOA request on the sherriff to get the police report. They will have the right to black out or censor some information. If you feel this strongly about it, contact the county prosecutor. He or she is elected and would be more likely to want to do something. If you personally witnessed some sort of physical abuse, the prosecutor can act without the cooperation of the police, parent, or victim (notice I said "can" not "will").
5. Next Time, call the CPS or the State Police...... Bo dunk sheriff's just don't seem interested in pursuing child welfare cases..... In NC..their more interested in bootleggers, moonshiners and donut shops..... call a really law enforcement agency for child abuse