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Bryant prosecutors want records private
Medical records for the woman accusing Kobe Bryant of rape should not be given to the NBA star's attorneys because they are irrelevant to the case and the woman has not consented to their release, prosecutors argued in court papers released Tuesday.
State District Judge Terry Ruckriegle ordered attorneys on both sides to file written arguments on the medical privacy issue. The defense argument, if filed, was not released publicly, and Bryant's attorneys did not return phone calls Tuesday.
The defense team has argued the 19-year-old woman gave up her right to medical privacy by talking about her medical and mental health to others. They say purported suicide attempts and other details are relevant and will help prove she had a "scheme" to accuse Bryant in an effort to gain attention from an ex-boyfriend.
The defense has issued subpoenas to several hospitals and clinics. Rejecting Bryant's attempt to present the information to the jury would violate his right to a fair trial, defense attorneys Hal Haddon and Pamela Mackey say.
The judge has not said when he will rule on the matter.
Bryant, 25, faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault. He has said he had consensual sex with the woman at the Vail-area hotel where she worked last June.
Also, previously unreleased documents included a note on a Feb. 27 conference call among the attorneys and the judge during which Mackey expressed concern for the alleged victim, saying she didn't want the woman brought to court more than once.
The woman is scheduled to appear at a hearing March 24-25 where the judge will consider whether evidence of other sexual activity around the time of her encounter with Bryant can be used against her.
That hearing could be delayed. Prosecutors filed an appeal Tuesday asking the state Supreme Court to review decisions by Ruckriegle that would allow the defense to ask the woman detailed questions about her sexual history. |
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