The Denver Post
Bryant's defense can't use accuser's medical records, judge rules
Thursday, April 22, 2004 -
Kobe Bryant was handed a severe setback today when a judge ruled that his defense lawyers won't be permitted to look at the medical records of Bryant's accuser.
The lawyers had sought the records from a number of medical facilities, claiming they might show the 19-year-old woman was mentally unstable and falsely accused Bryant of sexual assault to gain attention. The woman alleges Bryant raped her last June 30 at an Edwards resort where she formerly worked. Bryant claims the sex was consensual. Bryant's lawyers have attacked the accuser's credibility by contending that her purported suicide attempts, in February and May of 2003, and her prescription for anti-psychotic medication cast doubt on whether she was sexually assaulted or just seeking attention because of a psychological disorder. Defense attorney Pamela Mackey said the defense theory is that the woman made false allegations against Bryant "in order to gain the attention of her ex-boyfriend without regard to the harm and worry that causes to other people," just as she did in the alleged suicide attempts. Mackey and co-counsel Hal Haddon claimed that the woman had waived her privilege to keep the records confidential by talking about her medical history with family and friends. But Judge Terry Ruckriegle said that the alleged rape victim asserted her physician-patient privilege concerning the medical records and that during extensive behind-closed door hearings in the case, there was no evidence the woman ever waived that privilege. "Seven lay witnesses were examined concerning the events leading up to and including a February 2003 occasion on which the victim sought medical treatment," Ruckriegle noted. "None of these witnesses offered testimony sufficient to support any conclusion that the victim intended, by her actions and words, to waive her physician-patient privilege with regard to the medical records for her treatment." Ruckriegle said the same was true for the May 2003 incident. He added that the defense also questioned the lay witnesses about other statements and actions of the victim concerning her mental health.
Click here for an interactive presentation on Kobe Bryant's career.
Click here for an archive of court documents in the People v. Bryant case.
Click here for The Denver Post's graphic on the events of June 30.
Click here for the 9NEWS archive on the case.
Click here for the CourtTV archive on the case.
"Although the victim did make general statements to various witnesses concerning her mental health and possible treatment, she never revealed the specific nature of her medical treatment for alleged mental health issues..." said the judge. "These relatively sparse conversations about other mental mental health issues took place in casual contexts, with an implicit confidentiality anticipated by the victim," Ruckriegle said. The judge said that he was persuaded that the public policy underlying the statutorily created physician-patient privilege demands a strict adherence to protection of the privilege. "Based on the evidence and the law, the Court concludes that the records sought by the defense are medical records and contain communications covered by the physician-patient privilege," the judge said. "Further, the court finds that the victim did not give consent to disclosure of this privileged information." |