Island County prosecutors don’t have to gather a broad range of private records on an alleged rape victim, as requested by the defense.

Island County Superior Court Judge Alan Hancock made the ruling in a hearing over a discovery request from the attorney representing Oak Harbor resident Charles E. Ringer Jr., who is accused of raping a stepdaughter repeatedly for years.

“The defense is conducting a fishing expedition,” Hancock said.

Attorney Chris Skinner asked the prosecutor to gather the young woman’s school records, her medical records, records from the state Department of Social and Health Services, Citizens Against Domestic and Sexual Violence records, her therapy records, voice and data records from her cell phone and her Facebook posts.

Island County Chief Criminal Deputy Prosecutor Eric Ohme objected, arguing that he was not obligated to gather the records if Skinner offered no “particularized factual finding” that the records were material to the defense. He cited the case State v. Blackwell as well as others.

Skinner admitted during the hearing that he couldn’t present any evidence that the records contained anything specific that would help the defense, though he speculated about what they might contain.

“We don’t know what we don’t know,” he said.

Skinner explained that he would have trouble getting any of the privileged documents, explaining that Oak Harbor School District had already turned down his request for the alleged victim’s school records. It would be easier for the prosecutor to obtain the material, he said.

Skinner also bemoaned the lack of evidence in the case, arguing that the police and prosecution should have already gathered the records he wants.

“The state did a minimal amount of investigation,” he said.

Hancock, however, said the prosecution is under no obligation to seek out privileged documents. He added that mere speculation doesn’t establish the factual predicate necessary to establish materiality.

Hancock ruled against Skinner’s motion for additional discovery, except he reserved on records from a therapist that a detective spoke to during the investigation. He said her waiver to allow the detective to speak with the therapist might have opened the door to the records. Still, Hancock would look at any such records “in camera” — in the privacy of his chambers — before providing anything to the defense.

Hancock noted that Skinner could subpoena the agencies for the documents, but added that “in all probability” these same issues would prevent the attorney from obtaining them.

Ringer, an Oak Harbor resident, is scheduled to go on trial in December on charges of rape of a child in the second degree, rape of a child in the third degree and kidnapping with sexual motivation.

The girl reported to police that Ringer started sexually assaulting her in another country when she was in fourth grade, but the abuse continued when the family moved to Oak Harbor, the report states.

Ringer warned her that she would go to jail and never have a life in the U.S. if she told anyone; he also dragged her downstairs and forced her into a crawlspace “in order to inflict extreme mental distress on her to not speak of the abuse being done to her,” the detective wrote.

The girl described a childhood in which Ringer regularly sexually abused her, punished her and kept her isolated.