A former Huntington Beach police officer accused of 19 felonies, including rape and sodomy, can subpoena the medical records of one of the alleged victims, an Orange County Superior Court judge has ruled.
James Roberts' alleged mistress told police she had an abortion, but she didn't report the rape and abuse earlier because Roberts threatened to tell her devout Catholic parents, said John Barnett, Roberts' attorney.
The defense shed doubt on the abortion because the date she reported aborting the child doesn't add up.
"We're asking for it to show that she lied to police," Barnett said.
Orange County Senior Deputy District Attorney John Christl disagreed, saying it's not relevant whether she had an abortion or not.
Christl, however, said the threats are relevant because Roberts made them not knowing, if in fact, an abortion took place, yet he threatened her anyway.