BOSTON (AP) – Prosecutors won the right Tuesday to see some of the marital records of the man who calls himself Clark Rockefeller and his ex-wife.

The records would not become public but could be used as evidence for a grand jury now considering whether to indict him on charges he kidnapped his 7-year-old daughter.

Authorities say Rockefeller is one of many aliases for Christian Gerhartsreiter – a German national now considered a person of interest in the disappearance of a California couple in the 1980s.

A Suffolk Probate and Family Court judge on Tuesday granted a motion by prosecutors to see Rockefeller’s sealed separation agreement and divorce decree.

The judge has not yet decided whether more personal information can be viewed.

by prosecutors.

Rockefeller’s multiple identities became public last month, after he was arrested for allegedly kidnapping his daughter in Boston. His defense claims his marriage to the girl’s mother was never valid, so their custody agreement cannot be enforced.

Rockefeller’s lawyer, Stephen Hrones, said that he argued during a hearing that the more personal divorce documents should remain sealed, including affidavits in which they describe the breakdown of their marriage.

“We have a privacy interest here,” Hrones said. “These are highly personal matters.”

Jake Wark, a spokesman for Suffolk District Attorney Dan Conley, would not comment on the closed-door hearing, but acknowledged that prosecutors did file a motion seeking access to the divorce decree and associated documents.

“A salient portion of our case rests with custody of the kidnapping victim. We would like as comprehensive a legal picture of that custody as possible,” Wark said.

AP-ES-09-09-08 1642EDT

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