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The attorney says he asked the kid the night he was admitted to the hospital whether he did the enemas. The police say the kid's BAC was .4. From everything I know about BACs, someone with a .4 isn't going to have a memory of the events and isn't going to be able to have a coherent discussion.
As for the HIPAA thing, I think one article I read said that he had injuries in the rectal area consistent with the enema theory. I don't know where they would have gotten that information other than from a hospital.
ETA: Go re-read the first article posted here where it says the police report stated he was non-responsive and had signs of physical/sexual assault. If this information came from the police report then no, HIPAA does not apply at all.
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