BARTOW, Fla. (WFLA) — Prosecutors are trying to gain access to years of medical records from a Tampa VA hospital involving a Marine accused of killing four members of a north Lakeland family, including a three-month-old baby, in September 2021.

Bryan Riley’s defense attorney objects to the subpoena and the two sides, along with the defendant, met in a Polk County courtroom Monday.

“The subpoena that the state seeks to have sent to the VA should not be allowed,” said Jane McNeill, Riley’s defense attorney, in court.

“The reason, or part of the reason, the state is asking for these records is to determine if during his treatment by the VA, if there was ever a history of schizophrenia,” said Lauren Perry, assistant state’s attorney.

In court, it was disclosed the defense may use a diagnosis of schizophrenia or other psychotic disorders to argue Riley was insane at the time of the murders.

Prosecutors are seeking the death penalty in Riley’s case, which involves the deaths of Justice Gleason, Theresa Lanham who was in a relationship with Gleason, Lanham’s mother Catherine Delgado, and Gleason’s infant son Jody, who was born in May.

He is also accused of shooting an 11-year-old girl several times, who was the sole survivor.

Court documents show Riley told detectives he did not know the family, that “God” told him to do it and he was a “sick guy.”

The state wants to subpoena the James A. Haley Veterans’ Hospital in Tampa, where it says Riley was treated as a patient.

It is seeking records from June 2014, when Riley left the military, to September 2021.

The prosecutor said it is unknown whether Riley was treated for mental illness at that hospital.

According to the prosecution, Riley told others he suffered from a post-traumatic stress disorder and a concussion.

“The state has an obligation to look into [the insanity] defense and find out not only what his mental state was at the time but if what they are asserting what he had at the time, comports with his medical history, Your Honor,” said Perry.

“The records are not relevant and the subpoena language is overbroad and there are less restrictive means by which the state can get the information it seeks,” said McNeill.

The judge will take the defense’s motion to quash the subpoena under consideration.

After an appeals process, the state can subpoena Lakeland Regional Health for medical records involving Riley’s treatment immediately following the murders.

He sustained gunshot wounds from deputies.

Riley’s next court date is Jan. 27 for a status conference.