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State v. Steelman9/13/1978
dical doctor who could relieve the withdrawal symptoms. Before receiving any medical treatment, however, Steelman was visited by two psychiatrists who were sent by the San Joaquin District Attorney's Office. These doctors were sent to evaluate Steelman's mental condition in terms of competence to participate in legal proceedings and in terms of his mental capacity at the time of the alleged crimes. This was standard procedure in San Joaquin County when an individual was arrested for a violent crime at a time close to its commission.
Dr. Kent E. Rogerson testified at the hearing on the motion in limine that he had told Steelman, after an officer in the Doctor's presence had advised defendant of his rights, that he would be reporting back to the District Attorney's Office. Steelman responded that he wanted a physical examination and the doctor replied that he would not perform one. Neither did Dr. Rogerson prescribe any drugs for Steelman. The interview lasted for about 70 minutes and information and observations obtained during that interview contributed to his diagnosis of Steelman and to his opinion regarding the defendant's legal sanity.
Dr. Robert Austin interviewed Steelman later in the evening of 8 November. Dr. Austin initially determined that the Miranda warnings had been given and then told Steelman that he was a psychiatrist representing the District Attorney's Office and that anything Steelman said during the interview could be used against him in court. Steelman responded by asking for an attorney and saying that he would not discuss the case. However, he did agree to talk about himself in general. Although he said he noticed the sniffling, Dr. Austin testified that Steelman did not ask for any physical examination or treatment during this interview. The doctor also said that he did not prescribe any drugs as a result of the interview.
Steelman had testified about the interview during the hearings on the motion to suppress. He corroborated the statements of the two doctors in that neither gave him any treatment. However, he claims that he did not know that Dr. Rogerson was a psychiatrist until they were well into the interview and that he had initially assumed that the doctor had been sent to treat his illness. According to Steelman, Austin got him to talk by promising to help with the withdrawals.
Steelman, relying upon his own testimony, argues that a doctor-patient relationship was created with each doctor. The doctor-patient privilege is created by statute in Arizona. A.R.S. § 13-1802:
"A person shall not be examined as a witness in the following cases:
"5. A physician or surgeon, without consent of his patient, as to any information acquired in attending the patient which was necessary to enable him to prescribe or act for the patient."
In criminal cases, there is a well-established distinction between an examining and treating physician for purposes of applying
the privilege. There is no privilege when the defendant is examined on the orders of the court or prosecutor in regard to issues for trial except those provided by court rule. On the other hand, when the doctor is either going to diagnose or prescribe treatment for the defendant, the relationship will be created and the communications will be privileged. State v. Evans, 104 Ariz. 434, 454 P.2d 976 (1969). Treating for this purpose is more than prescribing medication for superficial symptoms. See State v. Evans, supra. Yet if the patient believes the examination is for purposes of treatment, the privileges will apply even if there are also other purpose
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