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Kobe Bryant's Accuser Won't Have to Testify
In a setback for Kobe Bryant, the judge in the rape case Thursday refused to force the basketball star's accuser to testify at a preliminary hearing and said the proceedings will probably be kept open to the public.
The decision to keep the hearing open could prompt Bryant's defense team to waive the Oct. 9 proceeding and head straight to trial. Either way, Bryant still must appear next week for a bail hearing, Judge Frederick Gannett said.
The judge also turned down defense requests to see the woman's medical records. She was treated earlier this year at a hospital after police at the University of Northern Colorado, where she was a freshman, determined she was "a danger to herself."
The defense request suggested that Bryant's attorneys wanted to raise questions about the woman's mental stability.
Prosecutors and attorneys for the woman and for hospitals argued that such records are protected under state and federal privacy laws. And Gannett said the issue should be decided by the presiding judge if the case goes to trial.
Bryant's attorneys did not return calls for comment Thursday.
Bryant was charged with felony sexual assault after the woman said he attacked her June 30 at the mountain resort where she worked and he was a guest. The Los Angeles Lakers' star has said the two had consensual sex.
Prosecutors are expected to present key evidence at the hearing, including photographs of what they say are injuries to the woman, a videotaped statement from her and an "electronically enhanced" statement from Bryant that supports much of what his accuser told investigators.
However, Gannett said prosecutors plan to withdraw the video and audio statements if the preliminary hearing remains open.
A spokeswoman for the prosecution did not return a call for comment.
The judge plans to meet with attorneys to decide whether parts of next week's hearing should be closed to preserve Bryant's right to a fair trial. Preliminary hearings determine whether there is enough evidence to put someone on trial.
Victims are rarely made to testify at preliminary hearings, though defense attorneys often request it.
Bryant's attorneys argued the judge had a duty to assess the alleged victim's testimony and that they have the right to cross-examine her. Prosecutors and attorneys for the woman said enough evidence existed already without subjecting her to unnecessary anxiety and intimidation.
Gannett sided with the prosecution.
Preliminary hearings can be closed in Colorado if a judge determines a defendant's right to a fair trial is threatened and there are no alternatives.
Defense attorneys Hal Haddon and Pamela Mackey had argued that publicity surrounding the hearing would threaten that right for Bryant by exposing potential jurors to damaging information.
Prosecutors and attorneys for news organizations said the hearing should remain open under long-standing practice across the country.
Lawyers for news organizations including the Associated Press, NBC, CNN, the Los Angeles Times and the Denver Post said no preliminary hearing has been closed to the public in Colorado since 1979, when the state Supreme Court set standards for making such decisions.
Source: AP
The decision to keep the hearing open could prompt Bryant's defense team to waive the Oct. 9 proceeding and head straight to trial. Either way, Bryant still must appear next week for a bail hearing, Judge Frederick Gannett said.
The judge also turned down defense requests to see the woman's medical records. She was treated earlier this year at a hospital after police at the University of Northern Colorado, where she was a freshman, determined she was "a danger to herself."
The defense request suggested that Bryant's attorneys wanted to raise questions about the woman's mental stability.
Prosecutors and attorneys for the woman and for hospitals argued that such records are protected under state and federal privacy laws. And Gannett said the issue should be decided by the presiding judge if the case goes to trial.
Bryant's attorneys did not return calls for comment Thursday.
Bryant was charged with felony sexual assault after the woman said he attacked her June 30 at the mountain resort where she worked and he was a guest. The Los Angeles Lakers' star has said the two had consensual sex.
Prosecutors are expected to present key evidence at the hearing, including photographs of what they say are injuries to the woman, a videotaped statement from her and an "electronically enhanced" statement from Bryant that supports much of what his accuser told investigators.
However, Gannett said prosecutors plan to withdraw the video and audio statements if the preliminary hearing remains open.
A spokeswoman for the prosecution did not return a call for comment.
The judge plans to meet with attorneys to decide whether parts of next week's hearing should be closed to preserve Bryant's right to a fair trial. Preliminary hearings determine whether there is enough evidence to put someone on trial.
Victims are rarely made to testify at preliminary hearings, though defense attorneys often request it.
Bryant's attorneys argued the judge had a duty to assess the alleged victim's testimony and that they have the right to cross-examine her. Prosecutors and attorneys for the woman said enough evidence existed already without subjecting her to unnecessary anxiety and intimidation.
Gannett sided with the prosecution.
Preliminary hearings can be closed in Colorado if a judge determines a defendant's right to a fair trial is threatened and there are no alternatives.
Defense attorneys Hal Haddon and Pamela Mackey had argued that publicity surrounding the hearing would threaten that right for Bryant by exposing potential jurors to damaging information.
Prosecutors and attorneys for news organizations said the hearing should remain open under long-standing practice across the country.
Lawyers for news organizations including the Associated Press, NBC, CNN, the Los Angeles Times and the Denver Post said no preliminary hearing has been closed to the public in Colorado since 1979, when the state Supreme Court set standards for making such decisions.
Source: AP