Judge orders release of records in 7-year-old's death

The subpoena comes as part of the case against Kelly Turner

Elliott Wenzler
ewenzler@coloradocommunitymedia.com
Posted 3/2/20

An 18th Judicial District judge ordered The Denver Hospice and Children's Hospital Colorado to turn over records regarding a 7-year-old girl's 2017 death during a hearing for the girl's mother Feb. …

This item is available in full to subscribers.

Please log in to continue

Username
Password
Log in

Don't have an ID?


Print subscribers

If you're a print subscriber, but do not yet have an online account, click here to create one.

Non-subscribers

Click here to see your options for becoming a subscriber.

If you made a voluntary contribution in 2019-2020, but do not yet have an online account, click here to create one at no additional charge. VIP Digital Access includes access to all websites and online content.


Our print publications are advertiser supported. For those wishing to access our content online, we have implemented a small charge so we may continue to provide our valued readers and community with unique, high quality local content. Thank you for supporting your local newspaper.

Judge orders release of records in 7-year-old's death

The subpoena comes as part of the case against Kelly Turner

Posted

An 18th Judicial District judge ordered The Denver Hospice and Children's Hospital Colorado to turn over records regarding a 7-year-old girl's 2017 death during a hearing for the girl's mother Feb. 28.

Kelly Turner, 41, has been charged with murder in connection with the death of her daughter, Olivia Gant, who died at The Denver Hospice. She was also charged with child abuse, forgery and theft, according to court documents.

Turner, a former Highlands Ranch resident, was arrested in October following a grand jury indictment from the 18th Judicial District. The indictment alleges Turner lied about her daughter's conditions, defied doctor's orders and convinced them to cease treatment on Olivia, leading to her death. Turner also raised funds for the child's illness and had a Make-A-Wish party for her daughter before her death, according to the indictment.

Turner appeared in court in Douglas County for an arraignment, but it was postponed until May 7. The court decided to still address the defense's attempted subpoenas, including a request for documents from The Denver Hospice and Children's Hospital Colorado.

Turner's defense team requested that the two health care providers submit documents from their peer reviews regarding Olivia's treatment and death. These reviews usually include an evaluation of how providers performed in a specific case.

Denver Hospice filed a motion asking the judge to reject this request, citing confidentiality protections for these documents. Peer reviews are normally kept confidential so that health care providers can fully disclose what was done well in a case and what could be improved upon.

Denver Hospice did not appear in court Feb. 28 to defend this motion.

Ara Ohanian, Turner's public defender, argued that these documents were at the core of his defense and didn't fall under confidentiality protections.

“We want to know what was said in those meetings,” he said.

Hollynd Hoskins, an attorney representing Olivia's father, siblings and grandparents, also argued for the documents to be turned over to the court.

“It's very important to (the victim's family) to find out exactly what happened and why,” she said. “They have grave concerns about what was done and what wasn't done by health providers in protecting Olivia Gant.”

In an interview with media after the hearing, Hoskins explained that the family wants more information to determine the part health care providers may have played in Olivia's death.

“The medical professionals are the ones who withdrew all the medical care. Kelly Turner is not a doctor and could not do it,” she said.

In court, she argued the facts of the case that exist within these peer reviews were not protected by confidentiality. The district attorney's office did not object to these documents being turned over to the court.

Judge Patricia Herron agreed with Hoskins and ordered the reviews to be released to the court.

“Was this a systemic failure in the medical profession?” Hoskins said in an interview. “The victims have grave concerns that it was as systemic failure and they want information to come to light.”

In January, Herron granted Turner a $250,000 bond, but she has not posted bail and has remained in the Douglas County jail since her arrest.

Comments

Our Papers

Ad blocker detected

We have noticed you are using an ad blocking plugin in your browser.

The revenue we receive from our advertisers helps make this site possible. We request you whitelist our site.