Accuser: Defense not entitled to crisis center records

Updated: September 25, 2003, 12:48 PM ET
Associated Press

DENVER -- The woman accusing Kobe Bryant of rape asked a judge Thursday to reject a defense request seeking records from a center for victims of sexual assault and domestic violence.

Defense attorneys Hal Haddon and Pamela Mackey issued a subpoena Sept. 5 to the Resource Center of Eagle County, which operates a hotline for victims.

The defense asked for notes from any employee interview related to the Bryant case, along with training materials and manuals. Names of employees at the resource center were blacked out in the court filing released to the public.

Attorneys for the accuser and the resource center both asked Eagle County Judge Frederick Gannett to quash the subpoena, saying such records are confidential under state law and that the woman has not waived her medical privacy rights.

"The subpoena issued is merely another discovery attempt from the defendant for information to which they are not entitled," wrote John Clune, an attorney for the woman.

Bryant's attorneys have asked for a hearing to determine whether the 19-year-old Eagle woman has waived privacy rights to medical records held by several hospitals and a student clinic at the University of Northern Colorado, where she was a student. The defense has also sought records from a health club in Eagle.

Bryant, 25, is charged with felony sexual assault. The woman accused him of raping her June 30 at the mountain resort where she worked and where he was staying. The Los Angeles Lakers star has said the two had consensual sex.

There are now a number of motions pending before Gannett, including one from the defense seeking to force the woman to testify during Bryant's Oct. 9 preliminary hearing that will determine whether he will stand trial.

Also Thursday, an attorney for several media organizations asked Gannett to move a Monday meeting with attorneys from the judge's chambers to a courtroom to allow public observation.

Steven Zansberg, who clients include The Associated Press, CNN, NBC and The Denver Post, said he was told by a court clerk the conference will address substantive matters -- including media arguments against Gannett's restrictions on the media in and around the courthouse.


Copyright 2003 by The Associated Press

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