The Denver Post
Decision a setback for Bryant
Thursday, April 22, 2004 -
Kobe Bryant was handed a significant setback Wednesday when a judge ruled that his defense lawyers won't be permitted to see medical records of the basketball star's accuser and use them at trial.
The lawyers had sought the records from a number of medical facilities, claiming they might show that the 19-year-old woman was mentally unstable and falsely accused Bryant of sexual assault to gain attention. Krista Flannigan, spokeswoman for Eagle District Attorney Mark Hurlbert, said Bryant's accuser was informed about the ruling. "We are pleased with the judge's ruling on this important issue," Flannigan said. Bryant's lawyers have attacked the accuser's credibility by contending that her alleged previous suicide attempts, in February and May 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. Several lawyers said that while the ruling prohibits use of the medical records, it doesn't bar the defense from exploring her credibility, including psychological problems she may have had at the time of the alleged sexual assault June 30 at the Lodge & Spa at Cordillera in Edwards.
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"They (the defense) don't get the medical records, which means they don't get the psychiatric diagnosis," said Larry Pozner, a Denver defense lawyer. "But we know the defense has ample evidence. They have the 911 calls and eyewitnesses to the suicide attempts, so this ruling will not affect their ability to get the suicide attempts in." However, Dave Lugert, a former state and federal prosecutor, said Judge Terry Ruckriegle was sending a clear message that he believes the accuser's medical and psychological well-being is irrelevant and won't be admitted at trial. "I think what the judge is really saying is ... there is no evidence presented that the victim suffered from a medical condition or psychological condition at the time of the alleged rape," Lugert said. Bryant defense attorney Pamela Mackey has said the defense's theory is that the woman made false allegations against Bryant in order to gain the attention of her ex-boyfriend, just as the alleged suicide attempts were also a cry for attention. The defense sought medical and psychological records from a number of medical facilities to support its contention. Mackey also claimed that the woman had waived her privilege to keep the records confidential by talking about her medical history with family and friends. Mackey did not return phone calls seeking comment. But Ruckriegle said that the accuser asserted her physician-patient privilege concerning the medical records and that during extensive closed hearings, there was no evidence the woman ever waived the privilege. He said that numerous witnesses were questioned about both the February and May 2003 incidents and their testimony showed the victim never intended to waive her medical privilege. Ruckriegle added that the defense also questioned the witnesses generally about any statements the alleged victim made concerning her mental health. "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," the judge said. "These relatively sparse conversations about other mental health issues took place in casual contexts, with an implicit confidentiality anticipated by the victim," Ruckriegle said. Karen Steinhauser, a former prosecutor and now a University of Denver law professor, said the wording of Ruckriegle's ruling is important because he said alleged victims can talk and not automatically waive their physician-patient privilege by doing so. "The defense is trying to argue that if you talk to people about things you said to your doctor, that somehow waived your privilege," Steinhauser said. "I think you can still confide in your family and friends and get support from them without fear that you are going to waive your privilege." Steinhauser said the ruling definitely helps the prosecution because it is one less thing that the defense can use to attack the accuser's credibility. But Steinhauser added that if the woman's credibility is an issue, evidence of her psychological stability could still be admitted at trial. "Let's suppose someone says that when she was having a lot of problems she was lying all the time about everything or if she had a tendency to exaggerate - all those things that go to her credibility could still be admissible," Steinhauser said. At a three-day hearing scheduled to start Monday, the judge will hear testimony and possible arguments on whether any of the accuser's sexual history will be permitted at trial.
WHAT THE DEFENSE WAS SEEKING The information Kobe Bryant's lawyers were attempting to obtain were medical records concerning two incidents: February 2003: University of Northern Colorado campus police were called to the Greeley dormitory room of Bryant's accuser, who was then hospitalized as a 'danger to herself' at North Colorado Medical Center in Greeley. The defense sought records from the medical center and the Northern Colorado PsychCare/Family Recovery Center. They also sought records from Student Health Services at the University of Northern Colorado. According to Judge Terry Ruckriegle, seven witnesses were questioned about the events leading up to and including the February incident. May 2003: The defense sought to subpoena Dr. Angela Ammon of Eagle Valley Medical Center in connection with an alleged overdose of sleeping pills by the accuser. Ruckriegle said four witnesses were questioned concerning the events leading up to and including the May incident. |