Denver Post
News media argue for Bryant hearing to be open
Tuesday, January 06, 2004 -
EAGLE - Media organizations today asked the judge in the Kobe Bryant sex-assault case to keep open an upcoming court hearing involving the medical history of the woman accusing him of rape.
Closure would not only go against a long-standing presumption that such hearings are open to the public, but is unnecessary because so much information about the woman's medical care has been published by various media or discussed in court, media attorney Thomas Kelley said in a court filing. Prosecutors and an attorney for the 19-year-old woman have asked the judge to close the Jan. 23 hearing. Information about her treatment that has not already been published and might come out in the Jan. 23 hearing could instead be filed under seal or be handled with limited court closures, Kelley wrote. Bryant, 25, faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault. He is accused of raping the woman at the mountain resort where she worked and where he stayed June 30. The Los Angeles Lakers star, whose team plays in Denver on Wednesday, has said the two had consensual sex. To support his arguments, Kelley cited transcripts of media interviews with friends of the woman discussing details of her medical history. He said the judge's ruling on what medical information can be used as evidence will play a significant role in the case. "Accordingly, absent the most compelling reasons, the First Amendment requires that the public be given access to the 'relevant information and argument' that will form the basis for this critical judicial information," Kelley wrote. He said the woman's privacy interests are reduced because she will not testify and because the hearing will not require disclosure of her medical records. |