The Denver Post
Bryant not privy to notes, judge rules
Sunday, February 01, 2004 -
Kobe Bryant's defense team will not have access to a contested single line of notes written by a sexual-assault victim's advocate under a ruling issued Friday.
Chief Judge Terry Ruckriegle ruled the notes, apparently referring to the mannerisms of the accuser in making statements to investigators, fall under the secrecy provisions of victim-advocate privilege. "It is clear ... that these notes were a record made in conjunction with the work the advocate is doing with the victim," Ruckriegle wrote in his ruling issued in advance of a two-day pre-trial hearing that begins Monday. The ruling ends several rounds of arguments over the notes. Defense attorneys Pamela Mackey and Hal Haddon had subpoenaed the notes, which were recorded after investigators from the Eagle County Sheriff's Department interviewed the 19-year-old accuser July 1. The Resource Center of Eagle County and the accuser's personal attorney had objected to turning over the notes, claiming they were privileged and did not reflect the direct communication between the woman and the officers. "The notes were recorded subsequent to the interview and do not necessarily contain information concerning the interview," Ruckriegle determined. Additionally, he refuted defense arguments that the woman had waived the right to secrecy by allowing the victim advocate to be present during the police interview, which is available to scrutiny by the defense. Bryant, 25, is accused of sexually assaulting the woman June 30 at the Lodge & Spa at Cordillera near Edwards, where he was staying while in the area for minor knee surgery. If convicted, the Los Angeles Lakers star, who admitted to committing adultery but claimed the encounter was consensual, faces as much as life in prison. Still outstanding are several requests by the defense for other contested information about the accuser, including reports of her purported suicide attempts and medical records concerning treatment for mental-health issues. Bryant's attorneys also have asked Ruckriegle to pierce the state rape-shield law to allow them to introduce evidence that the woman had sex with other men in the days surrounding the encounter, possibly contributing to her injuries. |