ALFRED — Lawyers for Jason Twardus will be allowed to review medical records of his former fiancée’s landlord, a judge ruled Monday, but the records are to remain confidential and if they want copies, they’ll have to ask a judge.

Twardus was convicted in October of killing his former fiancée, Kelly Gorham, in Maine in 2007. His  lawyers, Darrick Banda and Daniel Lilley, sought specific records concerning Nancy Durfee’s treatment at York Hospital on the evening of Oct. 13 in connection with Twardus’ request for a new trial. On Oct. 13, Durfee was found unconscious on the side of a road in Eliot.

York County Superior Court Justice G. Arthur Brennan on Monday issued an order  granting limited access to her medical records.

Brennan’s order was narrow. He said lawyers for Twardus and the attorney general may review the materials in the office of the York County District Attorney. He said if copies are sought by the two parties and the contents of the records are to be discussed or are to be used for any purpose, they must first apply for a court order.

Brennan wrote that generally, federal and state laws prohibit disclosure of health information that is capable of identifying an individual, with exception of information that may be provided to law enforcement via court order under certain circumstances. The laws cited, he noted, do not address confidential communications in the physician-patient privilege found in Maine Rules of Evidence. Given that the state has already obtained the records, prudence dictates that Twardus’ counsel and the attorney general should be able to review them, Brennan wrote.

Durfee’s attorney, David J. Bobrow, argued Friday that the information gleaned by doctors at York Hospital on Oct. 13 should not be released to Twardus’ lawyers, and the request for his client’s medical records did not meet exceptions to confidentiality rules. On Monday, he said he disagreed with Brennan’s order and will meet with his client to decide how to proceed.

Banda, outside the courtroom before Friday’s medical records hearing, said it was important that his client have access to the records.

At the murder trial, Nancy Durfee testified a quilt found in the grave where Gorham’s remains were found ”“ on land owned by Twardus’ father in northern New Hampshire ”“ had come from the bed in Gorham’s apartment on the Durfee property.

“She’s the only person to positively identify the quilt,” said Banda.

Durfee was taken to York Hospital on Oct. 13, after she was found unconscious on the side of a road in Eliot. A car registered to her was allegedly observed leaving the scene. Soon thereafter, police in York saw a vehicle that matched the description and attempted to pull it over but it sped away and led police on a chase. Police broke off the chase in  Dover, N.H. because of traffic congestion.

Police said Nancy’s husband, John Durfee, was driving; Nancy Durfee in November told reporters a homeless man she was giving a drive to York County Shelters in Alfred was behind the wheel. She said she became nervous about allowing the homeless man to drive and asked him to pull over and let her out. She said she must have tripped and fallen.

John Durfee was charged with eluding an officer in connection to the incident on Oct. 13, and he pleaded innocent Friday in court.

Assistant District Attorney Justina McGettigan had objected to the release of medical records, arguing Twardus is a third party to the state’s case against John Durfee.

Twardus’ request for a new trial alleges three new pieces of evidence: An anonymous call that allegedly includes a potentially incriminating statement made by John Durfee’s former son-in-law; a conversation a citizen allegedly had with John Durfee after Gorham disappeared from her home but before her remains were found; and the Oct. 13 incident in Eliot.

— Staff Writer Tammy Wells can be contacted at 324-4444 or twells@journaltribune.com.