Woman’s records released to attorneys
A judge has released the medical records of an Arcata woman who is seeking outpatient treatment to attorneys handling the case.
Judge Kaleb Cockrum on Tuesday continued the out-patient status hearing for
Ewa Misz- tal, who is currently being held at the Napa State Hospital after pleading not guilty by reason of insanity to the death of her 7-week-old daughter Gigi Misztal on Aug. 27, 2016. Cockrum released medical documents that Deputy Public Defender Casey Russo told Deputy District Attorney Carolyn Schaffer “are necessary for his preparation in litigating what’s before the court.”
“I am going to turn over these Department of State Hospital records for Miss Ewa Misztal,” Cockrum said.
Cockrum said he was intending to disqualify himself from presiding over the out-patient status hearing because he had spoken with Russo about the case prior to becoming a judge.
“I’m not saying that Mr. Russo took my advice, but we did talk about the case in quite detail and talked about legal theories of the case,” Cockrum said. ” … I think it’d be improper for me to sit on this case just because I had some access to confidential information. I don’t think that would necessarily prejudice me in actuality, but it certainly looks bad.”
Misztal was arrested after her daughter died from suspicious skull fractures at the Mad River Community Hospital in Arcata. Misztal was evaluated by two therapists and pleaded not guilty by reason of insanity. She’s been at the Napa State Hospital since 2019.
The out-patient status hearing is set for 9:15 a.m. Feb. 18.