Denver Post
Closed-door debate on evidence at Bryant hearing
Friday, December 19, 2003 - EAGLE - The judge in the Kobe Bryant sex-assault case ordered
defense attorneys this afternoon to tell him why they need access to the
medical history of the woman accusing the NBA star of rape.
At a hearing expected to help shape what evidence will be
allowed at trial, state District Judge Terry Ruckriegle sent all
potential witnesses home for the day and said he wanted to hear
from the defense — in private.
The outcome of the arguments could play a huge role in the case against the Los Angeles Lakers star: The defense wants to use the details to suggest the woman had mental problems that could have clouded her perception of what happened between the two in a Colorado hotel room last June. Bryant has insisted they had consensual sex.
The buzz around today's hearing was a far cry from previous appearances by the Los Angeles Lakers star. Bitter cold temperatures in this mountain community kept fans from gathering outside the Eagle courthouse, where they had flocked to for previous appearances by Bryant. With the father of the 19-year-old woman watching from the courtroom gallery, District Judge Terry Ruckriegle listened as prosecutors and attorneys for the woman said her medical records are private and should remain out of public view.
They also said the judge should hear any testimony on the issue behind closed doors. Among those subpoenaed by the defense are the alleged victim’s mother and a former friend, Lindsey McKinney, who has said the woman tried to kill herself twice this year.
Deputy prosecutor Ingrid Bakke said allowing such details to be brought up before a national media audience would prevent other alleged sexual assault victims from coming forward.
“When the bell is re-rung, it revictimizes the victim,” she said.
John Clune, an attorney representing the woman, said her rights should be protected just as much as Bryant’s were during a preliminary hearing in which his statement to investigators was played behind closed doors.
Any testimony on the medical issues should be kept secret unless the judge decides it can be used at trial, he said.
“It doesn’t do any good for this victim or for other victims in the future if the court later says she hasn’t waived her privilege and then the national media talks about it for three days,” Clune said.
Sitting out the argument was Bryant’s defense team. Attorney Hal Haddon said Bryant would like the entire hearing closed to the public, but he did not weigh in specifically on the woman’s medical history.
Tom Kelley, an attorney representing media organizations including The Associated Press, told the judge a significant amount of information about the woman’s medical and psychological history already has been reported and only details that have not been publicized should be kept secret.
Click here for court documents in the case.
Click here for an archive of Denver Post coverage of the case.
NBC Reporter Leanne Gregg and Legal Analyst Scott Robinson live from Eagle County, 9NEWS at Noon.
Click here for 9NEWS coverage.
“Unless someone gives graphic detail of what’s in a medical record, I don’t think it could be seriously argued” that the hearing should be closed, Kelley said.
Bryant, 25, faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault.
Earlier today, Ruckriegle denied a motion by District Attorney Mark Hurlbert to order an independent investigation into a leak allegedly provided by defense attorneys. The dispute centered on an article in the New York Daily News in October that quoted retired district court judge Williams Jones of Eagle, disclosing that another man's semen had been found in the accuser's underwear prior to that information coming out in court. Ruckriegle said he did not know he had the authority to order a general investigation with no evidence of a specific person responsible for the leak. Ruckriegle quoted federal Judge Richard Matsch, who ruled in the Oklahoma City bombing trial in Denver against a similar investigation because of concerns of the public being fixated on a feud between attorneys and not the case itself. In another matter, Ruckriegle ordered a hearing into a prosecution motion on whether the defense can be present at a destructive testing of clothing conducted by the Colorado Bureau of Investigation. The defense's witness list for today's hearing is sealed, but prosecutors have confirmed that Bryant's lawyers have subpoenaed the woman's mother to testify. At least one friend also has been subpoenaed. Bryant, 25, is free on $25,000 bond. He faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault. The hearing is expected to last all day and dozens of reporters and TV crews have again arrived here to cover the session. There is no indication when the judge will rule. A Jan. 23 hearing has been scheduled to hear arguments about other issues in the case, including a defense request to throw out statements Bryant made to investigators that were secretly taped before he had been read his Miranda rights. |