FRANKFORT — A psychologist's records of a patient's confession to sex crimes against two children are not confidential and are admissible in court, the Kentucky Court of Appeals ruled Friday.

        The court said the “psychotherapist-patient privilege” is outweighed by a state law that compels mental health professionals to report information about child abuse or neglect.

        It doesn't matter that the alleged victims are no longer minors by the time investigators seek the records, the court said in a precedent-setting ruling.

        The law “contains no requirement that the challenged evidence be recent or relate to a recently abused or neglected child,” said the opinion by Judge Wilfrid Schroder of Covington.

        The decision upheld a case from Livingston County, where Clifford Carrier appealed a 10-year sentence for second-degree sodomy and rape and 13 counts of first-degree sexual assault.

        Two female victims were under 12 and under 14 when the offenses occurred from 1990 to 1993, according to the appellate opinion. Mr. Carrier was not indicted until 1999.

        The prosecution disclosed that Mr. Carrier had confessed to Dr. Jack Runyon, a psychologist in Paducah.

        Dr. Runyon warned Mr. Carrier that he had a duty as a psychologist to tell police, the brief said. “Notwithstanding that, the defendant continued to make these admissions to Runyon,” the brief said.

        Mr. Carrier pleaded guilty in 2000 in exchange for a 10-year prison sentence. The guilty plea was conditioned on his appeal of the trial court's refusal to suppress statements he made to Dr. Runyon.

        In the appellate ruling, Judge Schroder wrote that the requirement to report child abuse is triggered “at the time the communications were made,” not at the time records were sought.

        The opinion did not say when Mr. Carrier confessed to Dr. Runyon. Nor did it explain the six-year lapse before his indictment.

        Judges Rick A. Johnson of Mayfield and Sara Walter Combs of Stanton joined Mr. Schroder in the ruling.

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