Judge asked to review medical records of alleged cop killer

Attorneys prosecuting the man accused of killing a Mendota Heights police officer last summer have asked a judge to review his medical records to try to determine whether he was coherent when he allegedly told a police officer: "Just so you know, I hate cops and I'm guilty."

In a motion filed in Dakota County District Court, prosecutors asked Judge Mary Theisen to review the records privately to determine whether Brian Fitch was capable of making that statement while being treated at Regions Hospital in St. Paul about 11 p.m. July 30, only a few hours after he was apprehended following a shootout with St. Paul police.

Prosecutor Richard Dusterhoft said in the motion that Fitch was conscious and talking after his arrest, but added that the defense may claim that he was "sedated or incapacitated by medical intervention" at the time.

Fitch's medical records could contain other relevant information or statements he made when police weren't present, the motion said. It said such statements wouldn't be protected by privacy laws.

Fitch, 40, is charged with first-degree murder in the July 30 death of officer Scott Patrick and attempted first-degree murder for shooting at three St. Paul officers before his capture. He has pleaded not guilty to the crimes.

His trial is scheduled for next month in St. Cloud.

At a final hearing Tuesday before trial, defense attorney Lauri Traub asked Theisen to suppress evidence gathered on Aug. 1 and 18 by St. Paul police from the sport-utility vehicle that Fitch was driving when he got into a shootout with officers on the city's North End.

Traub said a search warrant police obtained on July 30, shortly after Fitch was apprehended, was no longer valid by Aug. 1 and 18. Dusterhoft argued that it was, even though it had been signed and filed with the court on Aug. 1.

Theisen agreed with Dusterhoft and the evidence stayed in.

Two guns, including the one authorities say was used to kill Patrick, were found in the SUV, a Hyundai Veracruz. That evidence, as well as blood, clothes, bullets and cartridges found in and around the vehicle was not at issue in the defense motion filed Tuesday.

Earlier this month, Theisen ordered that the trial be moved from Dakota County, saying it would be difficult for Fitch to get a fair trial there because of extensive publicity and because so many residents knew or admired Patrick and his family. The judge decided the trial would be in Stearns County District Court in St. Cloud.

Patrick, 47, was the longest-serving member of the Mendota Heights police force. He was making a routine traffic stop on a green Pontiac Grand Am, about three blocks into the city of West St. Paul, when he was shot three times before he approached the driver's side window.

Police were alerted to his whereabouts and converged on him as he left the house in the Hyundai with a woman and another man. Fitch was shot eight times in the ensuing shootout.

Although the murder of Patrick and the St. Paul shootout took place about 5 miles apart and in separate counties, the case against Fitch is being jointly prosecuted by Ramsey and Dakota counties. Theisen on Tuesday denied a defense motion to have the charges tried separately in their respective counties.

The judge also ruled that jurors can hear evidence that Fitch had a warrant out for his arrest from the state Department of Corrections and knew that if he was stopped, he would likely end up back in prison for violating the conditions of his supervised release.

Prosecutors also agreed to instruct witnesses at trial to say that police had a photograph — rather than a mug shot — of Fitch before he was arrested.

The trial, which is expected to take two to two-and-a-half weeks, is scheduled to begin the week of Jan. 12 with jury selection. Opening statements and testimony will begin Jan. 20.