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IN THE PROBATE COURT OF SHELBY COUNTY, TENNESSEE

IN RE: THE MATTER OF

GRACE WALDEN

OPINION OF THE COURT

NO. A-1883

This cause came on to be heard upon petition of James L. Wolf, Counsel for the United States House of Representatives Select Committee on Assassinations, for an order disclosing the Medical Records of Ms. Grace Walden, a/k/a Grace Stephen. This application was made in accordance with 21 U.S.C. §1175 (b) (2) (c) and 42 U.S.c. 4582 (b) (2) (c), which both provide, with respect to the "Confidentiality of patient records Disclosure authorization," that the contents of such records may be disclosed:

If authorized by an appropriate order of a
court of competent jurisdiction granted
after application showing good cause therefor.
In assessing good cause the court shall weigh
the public interest and the need for disclosure
against the injury to the patient, to the
physician-patient relationship, and to the
treatment services. Upon the granting of such
order, the court, in determining the extent
to which any disclosure of all or any part
of any record is necessary, shall impose
appropriate safeguards against unauthorized
disclosure.

Upon answer of the Co-Guardians, Mark Lane and Duncan Ragsdale;
testimony of witnesses; oral arguments of Counsel; memorandum
briefs of the Co-Guardians, and Counsel for the U. S. House of
Representatives Select Committee on Assassinations;

It is the contention of Counsel for the Select Committee

on Assassinations that the Medical Records of Grace E. Walden a/k/a

Grace Walden Stephen, is necessary to conduct a full and complete investigation to study the assassination death of Dr. Martin Luther King, Jr.

It is the contention of the Co-Guardians that to allow the Committee to have the Medical Records would be an invasion of privacy, and not in the best interests of Grace E. Walden that

her Medical Records be given to the Select Committee on Assassinations; that Grace Walden's Medical Records are not material, do not relate to any issue before the Committee.

That

the Committee has, in the past, leaked to news media testimony

of witnessses before the Committee when the rules of the Committee strictly prohibit said testimony from being made public.

The Record reflects that Grace Walden a/k/a Grace

Stephen was committed to Western State Psychiatric Hospital on July 31, 1968 for an indeterminate period, to be treated and dealt with in accordance with the laws and regulations of said

institution.

The Commitment Order further reflects that Grace E. Walden a/k/a Grace Walden Stephen was adjudged mentally ill and incompetent; and that she was discharged from Western Mental Health te on April 25, 1978 as being incompetent.

In

It should be noted that the Tennessee Legislature recently passed an Act referred to as Chapter 533 of the Public Acts of 1978 in which Section 33-306(j) was amended as follows:

SECTION 3. Tennessee Code Annotated, Section 33-306, is amended by adding the following sentence at the end of subsection (j):

Court clerks, shall keep separate records of
adjudications, of 'incompetence and of restoration
of competence. Such records shall be open for
inspection by members of the public.

It should be noted further that the Probate Court of

Shelby County, Tennessee is a Court of Public Record.

The Court is of the opinion that good cause exists to grant the application for the Medical Records of Grace E. Walden a/k/a Grace Walden Stephen by the Select Committee on Assassinations. The Court in assessing good cause has weighed the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and the treatment services and that the public interest would be best served by granting the application of the Select Committee on Assassinations.

The Court is further of the opinion that the Select Committee on Assassinations has Constitutional powers to obtain by subpoena matters relevant to its inquiry relating to assassinations and the Supreme Court so recognizes this Constitutional power

in the case of Watkins v. United States, 354 U.S. 178, 187(1957). Although this Court has no jurisdiction over the functioning of Congress in its legislative responsibilities, this Court does charge the Select Committee on Assassinations to refrain from using any part of these Medical Records in such a manner constituting detriment to the well-being of Ms. Grace E. Walden.

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Opinion of this Court entered on the 11th day of August, 1978, In the Matter of the Application of United States House of Representa

tives Select Committee on Assassinations for an Order Disclosing the Medical Records of Ms. Grace Walden, a/k/a Grace Stephens, that the Court finds good cause exists for the application and that Dr. Cohen, Superintendent of Western Mental Health Institute and custodian of the subpoenaed records, provide the records to the Select Committee.

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E. ISSUES ARISING FROM CONGRESSIONAL AUTHORITY TO CONFER IMMUNITY UPON WITNESSES

The select committee filed numerous applications for orders conferring immunity and compelling testimony. The application and order that is included here is a sample of one of those filed.

The memorandum on the inability of Federal and State prosecuting authorities to use information obtained in preliminary immunity discussions against the party furnishing that information, and the agreement between immunized witnesses and the Select Committee on Assassinations, was shown to numerous prospective witnesses. The agreement was not, however, executed with any witness.

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