A judge in the Isaac Kolstad assault case has granted the attorney for defendant Philip Nelson access to several of Kolstad's medical records, the Mankato Free Press reports.
A former Minnesota State University, Mankato football player, Kolstad, 24, was attacked outside a downtown Mankato bar May 11. Kolstad suffered a skull fracture and traumatic brain injury in the assault, and has undergone a number of surgeries during his recovery process.
Prosecutors charged former University of Minnesota quarterback Nelson, 20, and Trevor Shelley, 21, of St. Peter, in the assault.
According the criminal complaint in the case, Shelley punched Kolstad, knocking him down. Witnesses told investigators Kolstad’s head hit the concrete hard when he fell. After he was on the ground, apparently unconscious, Nelson allegedly kicked Kolstad in the head.
According to FOX 9, Nelson's attorney, Mike Fleming, was seeking the records from Mayo Health Systems-Mankato to determine what caused the most brain damage during the assault -- Nelson's alleged kick, or the alleged punch by Shelley.
Nelson appeared in Blue Earth County Court Monday as Fleming continued to seek the order from the judge to release the records, the station says. He did not speak to the media.
In the order issued Tuesday afternoon, District Court Judge Bradley Walker granted Nelson's attorney, Jim Fleming, "all medical records, radiographs and other testing used in treating" Kolstad. The records include a dozen CT scans of Kolstad's head taken between May 11 and May 27, as well as two CT scans of Kolstad's spine taken May 11, the Free Press reports.
Walker's order stipulates that the records can only be shared with prosecutors and medical experts assisting in Nelson's criminal defense. The judge previously stated that he was considering granting a similar order for Shelley's attorney.
Kolstad, meanwhile, continues to recover from his injuries at a rehabilitation facility in the Twin Cities.
In a CaringBridge post Monday, Kolstad's wife, Molly, wrote that because of her husband's improvements, "we will be moving to a Transitional Rehabilitation Program to complete an intensive Traumatic Brain Injury rehab program."
"Isaac has showed that he can follow commands consistently, participate in therapy, and is medically healthy," Molly Kolstad wrote. "This new program is centered around therapy, usually 3 to 5 hours of different types of therapy a day."
She also noted that Isaac Kolstad has also had his "first tastes of real food and drink this week."
Earlier this month, Molly Kolstad posted on Caring Bridge that her husband was walking up to 1,500 feet per day.
District Court Judge Kurt Johnson in early July granted Molly Kolstad official guardianship over her husband because he can't care for himself, the Free Press says.
"His physical recovery continues with continued issues with independent functioning," Johnson wrote in his order. "He has financial obligations which need to be paid, insurance to collect and other steps taken to protect his assets and to generally manage his financial affairs."