Judge To Review Nutter's Therapist's Records

Highland Park murder victim Colin Nutter met with his therapist the day he was shot and a Lake County Criminal Court Judge will determine if those records will be made public.

In granting a motion by the Assistant Lake County State’s Attorney Reggie Mathews today in Lake County Criminal Court in Waukegan, Judge Victoria Rossetti said she would look at the information and determine if it is relevant.

“I will review these and determine if they are evidence to either side,” Rossetti said after receiving the records from, Tom Lorzzi, an attorney for Susan Richter, Nutter’s therapist.

As he asked Rossetti to read the information, he disclosed Netter saw Richter the day of the murder.

“The same day as the victim’s demise he met with his therapist,” Mathews said to Rossetti. “We would like a review of the material in camera (the privacy of the judge’s chambers) to determine if it is appropriate for discovery,” he added referring to the fact it could then become public. The privacy of the doctor-patient relationship survives the death of the patient.

Though Nutter’s father, Michael Nutter of Highland Park, does not know what is in the therapist’s records, he is willing for them to become public if it serves the pursuit of justice as he learns to live with his loss.

“I break down several times a day,” Nutter said. “If it can help bring justice for my son I’m Ok with it. I want to see justice done for the individuals who are responsible for my son’s murder.”

Rossetti’s decision could come as early as Tuesday when she plans to hear arguments from Mathews and Robert Ritacca, the attorney for defendant Daniel Vatamoniuc, on a variety of issues.

Ritacca wants to prevent certain evidence from being introduced at the eventual trial and wants to divide the trial into more than one part. Ritacca also asked the judge to privately review certain records for his client.

Rossetti will read information from the Lake County Juvenile Justice Center about Vatamoniuc and decide whether they can be made public which indicates Vatamoniuc may have had a prior brush with the law.

“I know how the state is going to proceed and it’s good to be prepared,” Ritacca said of his strategy.

Ritacca also persuaded Rossetti to give Vatamoniuc a separate trial from defendants Benjamin Schenk and Michael Coffee. Mathews did not object to the request. “Statements have already been made by Vatamoniuc and Coffee (that are conflicting),” he said.

Vatamoniuc returns to court at 9 a.m. Tuesday in Waukegan. His trial is scheduled to begin August 26.

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