Accuser's mother to attend next hearing

Updated: December 11, 2003, 12:29 PM ET
Associated Press

DENVER -- The mother of basketball star Kobe Bryant's accuser was subpoenaed for a hearing on whether the defense should have access to the 19-year-old woman's medical records.

Prosecutors have not decided whether to oppose the subpoena, district attorney spokeswoman Krista Flannigan said Wednesday.

Defense attorney Pamela Mackey declined to comment.

Bryant, 25, is charged with attacking the 19-year-old last June at a Colorado resort where she worked. He has said the two had consensual sex.

A call to the accuser's family lawyer was not immediately returned.

Prosecutors and defense lawyers have until Monday to file a list of witnesses they plan to call at the Dec. 19 hearing. In an order released Thursday, State District Judge Terry Ruckriegle also said lawyers on both sides should be prepared to explain their reasons for calling each witness.

Bryant's lawyers have also sent a subpoena to lead investigator Doug Winters for the hearing.

Bryant's lawyers have sought records from the North Colorado Medical Center in Greeley, where authorities brought the woman in February after determining she was a "danger to herself."

Some experts have speculated the defense is trying to show that the woman waived her privacy rights to those records by discussing them with others, such as her mother.

Even if it is established that the alleged victim waived her privacy rights, the defense would still have to prove how the records are relevant to the case, said Wendy Murphy, a former prosecutor and professor at the New England School of Law.

"The real goal here is to intimidate the victim, violate her privacy and undermine her relationships," Murphy said.

Ruckriegle has rejected a prosecution motion to seal all court filings related to evidence in the case. The motion was filed Tuesday and made available Wednesday.

Ruckriegle said attorneys can file motions about Bryant and his accuser that leave sensitive details to be filed separately under seal.

The judge urged attorneys to make sealed filings "sparingly and wisely."

In another order made available Wednesday, Ruckriegle denied a media request for a camera in the courtroom during the Dec. 19 hearing, which Bryant must attend. He gave permission for one camera in the hall outside the courtroom.

The Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault.

Copyright 2003 by The Associated Press