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Prosecution wants medical info kept private in Kobe Bryant case
Putting off testimony at a key hearing in the Kobe Bryant case, the judge sent witnesses home Friday and met privately with attorneys arguing over whether the medical history of the woman accusing the NBA star of rape should be allowed as evidence.
The closed-door session concluded shortly after 6 p.m. MST, and Bryant and attorneys for both sides left the courthouse without comment. He flew back to Los Angeles, missed tipoff and entered the game in the second quarter of the game against the Nuggets.
The outcome of the issue before state District Judge Terry Ruckriegle could play a huge role at trial: The defense hopes to argue the woman had mental problems that could have clouded her perception of what happened between the two in a Colorado hotel room last June. Bryant has insisted they had consensual sex.
Ruckriegle asked attorneys on both sides to file motions by Jan. 9 outlining their arguments on the medical privacy issue, which will be taken up again at a Jan. 23 hearing.
"I want briefs and I want the opportunity to reflect on it," he said.
At the end of the day, very little had been settled in the case. The judge did deny a prosecution request for an investigation into media leaks, set some deadlines for DNA evidence testing and told prosecutors to find out whether sheriff's investigators had ever received T-shirts that mock the NBA star. The big evidentiary issues remain ahead.
David Lugert, a defense attorney and former prosecutor in Eagle, said the slow pace suggested a long paper fight was coming: "The case is going sideways."
Craig Silverman, a Denver attorney and former prosecutor who is following the case, said the judge will probably compare what the defense believes the woman has told others about her medical condition and compare that with published details about the case.
"The judge wants to know what cats are out of the bag and what new cats or kittens are still inside," Silverman said.
Bryant, a 25-year-old Los Angeles Lakers guard, faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault.
Prosecutors and attorneys for the woman say her medical history should remain out of public view. They urged the judge to hold any arguments or testimony about the issue behind closed doors, and he honored that request Friday.
Among those subpoenaed by the defense were the alleged victim's mother and a former friend, Lindsey McKinney, who has said the woman tried to kill herself twice this year. The woman's father, who was not subpoenaed, spent the day sitting in the courtroom, 20 feet away from Bryant.
In Colorado, medical records must be sealed unless the patient consents or gives up their privacy rights. Bryant's lawyers contend the woman waived those rights because she spoke with police and others about her medical condition.
Specifically, the defense wants access to documents from the North Colorado Medical Center in Greeley, where authorities brought the woman in February after determining she was a "danger to herself." She was a college student in that city at the time.
Defense lawyers contend in court filings that Bryant's accuser tried to kill herself in February and again in May, and accused Bryant of rape to get an ex-boyfriend's attention. They also say she had been prescribed an anti-psychotic drug.
The defense also wants access to the notes of a rape victim's advocate who spoke with the woman. The notes, purportedly a single line, were the subject of long arguments Friday.
Before the judge closed the hearing to the public, deputy prosecutor Ingrid Bakke said allowing medical details to be brought up before a national media audience would prevent other alleged sexual assault victims from coming forward.
"When the bell is re-rung, it revictimizes the victim," she said.
John Clune, an attorney representing the woman, also said her rights should be protected just as much as Bryant's were during a preliminary hearing in which his statement to investigators was played behind closed doors.
Defense attorney Hal Haddon said only that Bryant would not object to closing parts of the hearing to the public.
Tom Kelley, an attorney representing media organizations including The Associated Press, told the judge a significant amount of information about the woman's medical and psychological history already has been reported and only details that have not been publicized should be kept secret.
source: espn
The closed-door session concluded shortly after 6 p.m. MST, and Bryant and attorneys for both sides left the courthouse without comment. He flew back to Los Angeles, missed tipoff and entered the game in the second quarter of the game against the Nuggets.
The outcome of the issue before state District Judge Terry Ruckriegle could play a huge role at trial: The defense hopes to argue the woman had mental problems that could have clouded her perception of what happened between the two in a Colorado hotel room last June. Bryant has insisted they had consensual sex.
Ruckriegle asked attorneys on both sides to file motions by Jan. 9 outlining their arguments on the medical privacy issue, which will be taken up again at a Jan. 23 hearing.
"I want briefs and I want the opportunity to reflect on it," he said.
At the end of the day, very little had been settled in the case. The judge did deny a prosecution request for an investigation into media leaks, set some deadlines for DNA evidence testing and told prosecutors to find out whether sheriff's investigators had ever received T-shirts that mock the NBA star. The big evidentiary issues remain ahead.
David Lugert, a defense attorney and former prosecutor in Eagle, said the slow pace suggested a long paper fight was coming: "The case is going sideways."
Craig Silverman, a Denver attorney and former prosecutor who is following the case, said the judge will probably compare what the defense believes the woman has told others about her medical condition and compare that with published details about the case.
"The judge wants to know what cats are out of the bag and what new cats or kittens are still inside," Silverman said.
Bryant, a 25-year-old Los Angeles Lakers guard, faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault.
Prosecutors and attorneys for the woman say her medical history should remain out of public view. They urged the judge to hold any arguments or testimony about the issue behind closed doors, and he honored that request Friday.
Among those subpoenaed by the defense were the alleged victim's mother and a former friend, Lindsey McKinney, who has said the woman tried to kill herself twice this year. The woman's father, who was not subpoenaed, spent the day sitting in the courtroom, 20 feet away from Bryant.
In Colorado, medical records must be sealed unless the patient consents or gives up their privacy rights. Bryant's lawyers contend the woman waived those rights because she spoke with police and others about her medical condition.
Specifically, the defense wants access to documents from the North Colorado Medical Center in Greeley, where authorities brought the woman in February after determining she was a "danger to herself." She was a college student in that city at the time.
Defense lawyers contend in court filings that Bryant's accuser tried to kill herself in February and again in May, and accused Bryant of rape to get an ex-boyfriend's attention. They also say she had been prescribed an anti-psychotic drug.
The defense also wants access to the notes of a rape victim's advocate who spoke with the woman. The notes, purportedly a single line, were the subject of long arguments Friday.
Before the judge closed the hearing to the public, deputy prosecutor Ingrid Bakke said allowing medical details to be brought up before a national media audience would prevent other alleged sexual assault victims from coming forward.
"When the bell is re-rung, it revictimizes the victim," she said.
John Clune, an attorney representing the woman, also said her rights should be protected just as much as Bryant's were during a preliminary hearing in which his statement to investigators was played behind closed doors.
Defense attorney Hal Haddon said only that Bryant would not object to closing parts of the hearing to the public.
Tom Kelley, an attorney representing media organizations including The Associated Press, told the judge a significant amount of information about the woman's medical and psychological history already has been reported and only details that have not been publicized should be kept secret.
source: espn