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Hauser records to remain public

June 19, 2009
The Journal

NEW ULM - A guardian ad litem's motion for an order prohibiting public access to medical records in the Daniel Hauser case was denied in Brown County District Court this week.

Guardian ad Litem Shiree Oliver made a motion for prohibiting public access to Daniel Hauser's medical records and prohibiting public access for the upcoming June 23 hearing.

Daniel Hauser, the son of Anthony and Colleen Hauser of rural Sleepy Eye, has been undergoing chemotherapy treatments and also receiving natural healing therapies for Hodgkin's lymphoma, a type of cancer.

Brown County District Court Judge John Rodenberg had ruled that child neglect had occurred because Hauser's cancer treatment plan had not been followed due to his and his parents' religious beliefs favoring natural, alternative treatments. In resistance to the chemo treatments, Colleen and Daniel Hauser fled to California, but then returned and agreed they would follow a treatment plan including chemotherapy.

According to court records, County Attorney Jim Olson generally agreed with Oliver's position but said that records received into evidence as exhibits are deemed to be accessible to the public in the absence of a protective order.

Court records also noted that Olson also said that the Hauser family and spokespeople continue to make public statements about the case and that the motion would not serve to end or limit public discussion of Daniel's condition.

According to court records Phil Elbert, who serves as Daniel's attorney, said the court has already considered and then denied the Guardian's motion and that the motion is repetitive.

Anthony and Colleen Hauser's attorney, Barbara Gislason, opposed the motion by the guardian ad litem, stating that the Hauser family wants "a robust public discussion" of the issue of treatment and wants the proceedings to be public.

The court also said in the order that the guardian's motion to prohibit or limit public access to discussion of Daniel's medical records in open court is denied.

An update for Daniel Hauser is set for 1:30 p.m. on Tuesday, June 23, at the courthouse.



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