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Records for abuse trial are released They�ll help show mental state of alleged victims By Jonel Aleccia Alleged victims of a Jackson County caseworker charged with sexually abusing his developmentally disabled clients have agreed to release confidential mental health records crucial to an upcoming criminal trial, lawyers said Friday. Meanwhile, the move has left attorneys on all sides of the case pondering the best way to use the documents. Prosecutors Friday had not received the records of seven alleged victims in the case against Robert Forrest Jackson, 62, of Talent. But District Attorney Mark Huddleston said he expected the documents, which include IQ tests and other mental evaluations, to be signed and delivered soon. "It�s on its way," confirmed Michael Jewett, a Medford lawyer representing Jackson County. The records are key to establishing in court whether the victims� intelligence � and their abilities to choose their actions freely � fit legal thresholds for impairment. The issue is central to determining whether Oregon law considers the adult men victims of sex crimes or simply adults consenting to homosexual contact. Jackson�s defense attorney hinted Friday that the victims� release of documents could imply that they may not meet the legal threshold to be declared "mentally defective." "If they�re competent to give up the most secret of their personal secrets in these records, doesn�t that mean that they�re competent to make other decisions in their lives?" said Andy Vandergaw, Jackson�s court-appointed attorney. Jackson was indicted Thursday on eight new felony sex charges involving five victims, bringing the total number of victims to seven. He is charged with 12 counts of first-degree sodomy and 12 counts of first-degree sexual abuse. Arraignment on the new charges is set for Monday; a trial in a Jackson County courtroom is scheduled for Sept. 27. Prosecutors had issued a subpoena demanding that Jackson County officials make the mental-health records available. County officials, however, said strict confidentiality requirements prevented them from handing over the papers. According to Jewett, the alleged victims signed releases for the documents on the advice of Grants Pass lawyers Chris Mecca and Dan Simcoe. Simcoe confirmed that the pair have been retained to represent at least some of the victims in potential civil legal action. He declined to say how many victims he represents or whether they�ve actually signed releases. Expected release of the documents, however, will allow prosecutors to establish the victims� level of mental impairment. Indictments in the case describe the men as "mentally defective," a key term. The men have been longtime clients of the state developmental disability program, which serves only people with IQs of 70 or below. But Vandergaw said that requirement doesn�t mean clients necessarily are legally incapacitated. "These people have the right to get married, the right to vote, they have the same rights as you and I," he said. "Just because a person is being served by a state agency doesn�t make them incapable of handling their affairs." Vandergaw stopped short of describing his defense strategy, saying he had no specific information about the victims or their allegations. "I don�t know what I�m going to argue," he said. "I don�t know if sex even occurred. All I�ve got is what a police officer said happened." Prosecutors don�t expect the victims� release of records to damage the case against Jackson, Huddleston said. "We think that this is an appropriate way to get these records," he said. "The issue of consent is something that is going to need to be litigated during trial." Part of story was left out EDITOR�S NOTE: Because of an editing error, a portion of Friday�s story regarding former caseworker Robert Forrest Jackson was deleted. It included comments from Deputy District Attorney Terry Smith and Health and Human Services Director Hank Collins regarding the release of mental health records being sought for use in the prosecution of Jackson. Following is the omitted text: The legal wrangling (over release of the records) is not unusual, both Smith and Collins contended. Smith emphasized that the county has not hindered the prosecution�s efforts. "They�ve had their issues," she said. "It�s just basically logistics in releasing things." For his part, Collins said his department has cooperated fully with law enforcement officials while at the same time trying to protect clients� confidentiality. "I�ll say unequivocally that the county is not doing anything to impede the investigation," he said. But Collins also acknowledged that if Jackson is convicted in a criminal lawsuit, it leaves the county vulnerable to civil suits that could be filed by the alleged victims and their families. "You think we�re not worried about that? We�re fully aware of that," he said. "But the county is much more worried that justice is done than any concerns we would have about civil liability," he added. "It�s natural to be concerned, but that�s why we�ve got insurance." Obituaries | Sports | Business | Classifieds | Tempo | Prime Times | So Oregon Sites | Outdoor Journal | Subscribe | Contact | Movies | Advertise | Real Estate Showcase | Archive | Editorials | Letters to the editor | Religion | Wake-up Call | NIE | Cyber Chef | Job Network | So Oregon Weather | WSJ Northwest | Forums | AP Wire | AP Money | F.A.Q. | Awards Ottaway Newspapers, Inc. The Community Newspaper Subsidiary of Dow Jones & Co, Inc Copyright �The Mail Tribune 2000, Medford, Oregon USA