DOCUMENT 63

ELECTRONICALLY FILED
6/12/2017 4:27 PM
02-CC-2017-001218.00
CIRCUIT COURT OF
MOBILE COUNTY, ALABAMA
JOJO SCHWARZAUER, CLERK
IN THE CIRCUIT COURT OF MOBILE COUNTY, ALABAMA

STATE OF ALABAMA, )
)
v. ) Case No. CC-2017-01218
)
STEVEN OBRIEN MASON, )
Defendant. )

MOTION FOR ORDER TO ISSUE SUBPONEA

FOR PRODUCTION OF MEDICAL RECORDS

NOW COMES the defendant and moves the court to order that a subpoena issue to the

Custodian of the Records, Mobile Infirmary Medical Center, for the production to the defendant

of records which include medical records which may be covered by HIPPA privacy rules, 45

CFR 164.501 et. seq.

The defendant requests that Mobile Infirmary Medical Center produce the following data,

documents, and information which are necessary to the defense:

1. All records maintained in the Mobile Infirmary Medical Centers EPIC record
system, including nursing notes, AcuDose-Rx data, and Hill-Rom tracker
locations for all the February 2-3, 2015 night shift.

2. All records maintained in the Mobile Infirmary Medical Centers EPIC record
system reflecting the care given Adam Miller, W/M, d.o.b. 12/18/1990 MRNE
248453 for the period from his admission of December 26, 2014 to his discharge
on February 4, 2015

As grounds for this motion the defendant would show that the defendant has been

indicted for intentionally causing Kelei Morriss death by shooting her with a gun. From the

discovery it appears that Ms. Morris was killed by a shotgun blast at about 11:36 p.m. on

Monday, February 2, 2015 while she was standing outside her unit at Arlington Apartments,

7070 Grelot Road, Mobile. At the time of the murder, Mason was a nurse working the evening

shift at Mobile Infirmary, located off Springhill Ave. about 10 miles away from Arlington

Apartments. Mason clocked into work at 6:27 p.m. on February 2, 2015 and clocked out at 7:39
 DOCUMENT 63

a.m. the next morning. During the night shift he worked closely with patients and staff on the

hospitals forth the floor pulmonary unit. The information requested in item 1 above is necessary

to proving an alibi defense at trial.

Adam Miller has been separately indicted for Kelei Morris murder. CC-2017-1784. Ms.

Morris worked at Mobile Infirmary as a respiratory therapist. Adam Miller, who suffers from

cystic fibrosis, was admitted to Mobile Infirmary on December 26, 2014 `and was discharged on

February 4, 2015. Miller was a patient of Ms. Morris during this hospitalization.

The State has suggested that Adam Miller and the defendant were accomplices in the

crime. The information requested in item 2 above is necessary to show Millers activities,

whereabouts and relationships during the requested time period in order for Mason to defend an

aiding and abetting theory of prosecution.

Mobile Infirmary Medical Center is represented by Celia Collins, Esq. She has been

copied with this motion.

WHEREFORE the defendant prays that the court will set the matter for hearing and upon

hearing issue a HIPPA compliant order to Mobile Infirmary to produce (subject to a qualified

protective order, 45 C.F.R. 160.103 and 164.501) the requested information, and grant such

other and further relief as he may be entitled to receive the premises considered.

/s/Arthur J. Madden, III

Arthur J. Madden, III
MAD010
Attorney for Defendant
465 Dauphin Street
Mobile, Alabama 36602
(251) 432-0380
ajmadden@maddenandsoto.com

2
 DOCUMENT 63

CERTIFICATE OF SERVICE

I hereby certify that I have on June 12, 2017 served a copy of the foregoing document by
electronic filing on:

Jennifer Lynn Wright, Esq.

District Attorney
jenniferwright@mobileda.org
P.O. 2841
Mobile, Alabama 36644

I have also served a copy of this motion by email on:

Cecilia Collins, Esq.

PO Box 1988
Mobile, AL 36633-1988
cjc@johnstoneadams.com

/s/Arthur J. Madden, III

Arthur J. Madden, III