Denver Post
Ruling: Close much of Bryant hearing
Thursday, January 22, 2004 -
Much of Friday's scheduled hearing in the Kobe Bryant sexual-assault case will be closed to the public, including when the accuser's mother and friends are expected to testify.
The witnesses could reveal whether the alleged victim - who said she was sexually assaulted by Bryant at an Edwards resort June 30 - discussed her medical and psychological history with them. The defense claims that if the 19-year-old talked to family or friends about those things, it would waive the physician-patient privilege. Thus, the defense would be entitled to the records. Bryant's attorneys have attacked the young woman's credibility. They contend that alleged suicide attempts on Feb. 23 and May 30 and her prescription for anti-psychotic medication cast doubt on whether she was sexually assaulted. Bryant has maintained the sex was consensual. A number of media organizations had fought to keep the hearing open. But Judge Terry Ruckriegle ruled Wednesday that various Colorado laws and the state constitution are designed to protect victims of sexual assault from the disclosure of confidential, sensitive and personal information. "Although some portions ... could be characterized as nonprivileged information, the relevance of it to these proceedings have been challenged by (prosecutors) and is yet to be determined," Ruckriegle said. "The court finds that the offer of proof, and the anticipated testimony in support of the waiver, is intensely personal, highly sensitive and potentially embarrassing to the victim." The judge noted that the defense didn't object to the closure. Ruckriegle said there is no guarantee he will allow information that might be revealed at the hearing at Bryant's trial. The ruling was applauded by the district attorney's office and victim advocates. "We look at this as a victory because it is upholding a victim's right to privacy," said Krista Flannigan, spokeswoman for District Attorney Mark Hurlbert. "The witnesses that could be called may be talking about very personal, private, confidential information. "What the judge is saying is that what may come out (Friday) may be something that is not relevant, but of a personal nature, that may never make it to trial." Steve Siegel, past president of the Colorado Organization for Victim Assistance, said this stage of the case is "not the time to open the windows of the world on this young woman." "I just think (the judge) needs the chance to look at the value that this claim will have to the trial and to fairness and justice," he said. The ruling was not what Steve Zansberg, who represents a number of media organizations including The Denver Post, had hoped for. He noted that news organizations believe they are entitled to listen to the testimony of accuser's mother and friends. "We are saying that anything these witnesses will be saying at the hearing is not itself privileged," he said. "We are disappointed the judge is not going to have that hearing open to the public." "We had hoped the judge would have a hearing open to the public that would not divulge the privileged communications at issue," Zansberg said. |