The Denver Post
Bryant misses hearing
Tuesday, February 03, 2004 - EAGLE — The state District Court judge in the Kobe Bryant sexual-assault case heard hours of testimony in private Monday as he tried to determine whether the medical and psychological records of Bryant’s accuser should be turned over to his defense team.
The Los Angeles Lakers guard did not appear at the Eagle courthouse, waiving his appearance after his attorneys said he came down with what appeared to be the flu. A court spokeswoman said Bryant is expected to appear today, when the hearing will resume.
For hours, young women, friends of the accuser’s family and the woman’s mother testified in the courtroom of Judge Terry Ruckriegle.
Many of the women appeared nervous and upset, and none spoke with reporters.
The two days of hearings are crucial to the defense.
Bryant’s attorneys spent Monday trying to persuade Ruckriegle to release the medical and psychological records of the accuser.
In court filings, they have said they need the records to establish for a jury that the accuser made false allegations against Bryant that were designed, at least in part, to attract the attention of a former boyfriend.
Her friends and family were called Monday because defense attorneys are arguing that she waived any patient-doctor privilege when she discussed the matters with friends, acquaintances and her family.
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Bryant maintains the sex was consensual.
Today, his lawyers will begin a second part of their effort, trying to convince the judge that almost all the evidence investigators obtained against Bryant on July 2, days after the June 30 incident at an Edwards hotel, shouldn’t be allowed at Bryant’s trial. They say it was illegally obtained.
Today’s hearing is scheduled to start at 8 a.m. If Bryant is still ill, the judge could refuse to waive his presence, and the hearing would be rescheduled. Much of today’s testimony is expected to be open to the public.
But one of the unusual features of the hearing scheduled for today is that three undercover detectives are expected to testify. They will testify from behind a screen.
Hal Haddon, one of Bryant’s attorneys, has claimed investigators used virtually every trick they could to elicit incriminating statements from Bryant.
Haddon said that late on the night of July 2 — hours after Bryant had undergone surgery and two days after the alleged assault — Bryant was subjected to a lengthy interview beginning at 1:30 a.m.
During that interview, Bryant never was informed of his Miranda rights to remain silent and hire an attorney and secretly was tape-recorded, Haddon maintains.
Haddon also said the detectives kept Bryant a virtual prisoner in his hotel room and didn’t tell him they had a search warrant for his room and a court order to obtain samples of his blood, saliva and hair.
Haddon wants a variety of evidence seized from Bryant to be ruled inadmissible at trial by Ruckriegle.
The items include two T-shirts and a pair of pants the lawyer claims were seized after the officers “illegally” elicited statements from Bryant.
Also, Haddon claimed that after questioning Bryant, the detectives whisked him to a hospital in Glenwood Springs where, about 3 a.m., pursuant to a court order, samples of blood and hair were taken for DNA testing.
Haddon contends there are special rules for such court orders — that the samples be taken during the day unless the judge makes an exception. And here, Haddon said, the judge signing the order didn’t make an exception.
Eagle County Sheriff Joe Hoy has said he wasn’t aware of any improper questioning or other police wrongdoing in Bryant’s questioning. Hoy called the two law enforcement officers — Detectives Doug Winters and Daniel Loya — “top notch.”
The district attorney’s office also said it has no concern about the way the two Eagle County officers conducted themsleves.
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