ASSISTANT Public Defender Emily Thomsen has requested the Office of the Attorney General to produce all medical records of Kasian Lark from Jan. 6, 2024, until he passed away six days later.
Thomsen, who represents Calvin Tagabuel, also requested any and all medical records pertaining to any heart condition and coronary disease that Lark had prior to January 2024.
Tagabuel has been charged with second degree murder, and aggravated assault and battery. Second degree murder is the criminal act of killing another person without premeditation.
According to police, Lark was punched in the mouth by Tagabuel, causing Lark to fall to the ground.
Initially, Tagabuel, 47, was charged with voluntary manslaughter, and aggravated assault and battery.
Thomsen stated that her motion to compel discovery is made in good faith and not for the purpose of delay.
“The requested evidence and information are material to the defense, and disclosure would be neither unreasonable nor oppressive to the government, but will facilitate a fair, efficient and just disposition of the charges against defendant,” Thomsen added.
She said Tagabuel “is alleged to have punched Mr. Lark. As a result, Mr. Lark was taken to [the Commonwealth Healthcare Corp.] where he passed away approximately six days later. The manner of cause of his death is relevant to Mr. Tagabuel’s defense. In the autopsy report dated Jan. 25, 2024, it states, ‘In my opinion, the coronary artery disease and congestive heart failure were contributing to the death, but not the cause of death.’ ”
Thomsen said “the cause of death (and any contributory factors) is relevant to Mr. Tagabuel’s defense.”
She added, “The government has provided some medical records from Mr. Lark’s time at CHCC, but Mr. Tagabuel believes there are more extensive records. Further, the government has provided no medical records related to pre-existing conditions that may have contributed to Mr. Lark’s death. Such records could be potentially exculpatory for Mr. Tagabuel. Defense is unable to obtain such medical records on their own.”
Superior Court Associate Judge Joseph N. Camacho has scheduled a motion hearing for June 5 at 10 a.m.
