<
>

Accuser's mother to attend next hearing

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.