Justice Matthew D'Emic
Martinez, charged with strangulation, sought all records pertaining to complainant in this domestic violence prosecution. He served a subpoena on the Brooklyn Family Justice Center, who now moved to quash same, and for a protective order. The court noted the women and their children who chose to leave an abusive situation, risked an escalation of violence, thus their safety often depended on secrecy. Hence, confidentiality as to assistance was essential to protect identities and locations, and also to encourage victims to seek help in escaping abuse without fear of retribution. The court noted while the Center took pedigree information for statistical purposes, it did not provide services, and strict confidentiality was observed by the agencies located within the Center. Martinez claimed the records sought were relevant and necessary to his effective cross-examination of complainant in probing her motive and credibility. Yet, the court stated the nature of the information sought was of limited value, noting there was an express statutory preference for confidentiality. Therefore, it ruled public policy required that the Center's motion to quash be granted, noting that "the promise of help without confidentiality is an empty one."
