By Charlie Brennan, Rocky Mountain News
January 31, 2004

Kobe Bryant's lawyers have lost their bid to get their hands on notes made by a rape crisis counselor who sat in on the statement his alleged sexual assault victim gave to investigators.

District Judge Terry Ruckriegle issued an order late Friday quashing the defense subpoena Bryant's lawyers served Sept. 5 on the Resource Center of Eagle County.

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The Los Angeles Lakers star's lawyers had argued that the 19-year-old Eagle woman had surrendered her privilege of confidentiality on those records by comments she has made to friends and family members in the wake of her June 30 encounter with Bryant.

The young woman was interviewed by investigators July 1 at the Eagle County Sheriff's Office. A victim advocate from the crisis center attended that interview.

The notes Bryant's lawyers wanted were made by the advocate at a later date. Their contents have not been publicly revealed.

In ruling Friday that the defense subpoena should not be honored, Ruckriegle said:

"The Colorado legislature, in adopting the victim advocate privilege statute, recognized the unique relationship between a victim of sexual assault and the victim advocate."

Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault, who has attended many of Bryant's pretrial hearings, was delighted with the ruling.

"We are extremely pleased with Judge Ruckriegle's quashing this subpoena," Stone said.

"The bond between a victim's advocate and a victim really is very dependent upon confidentiality," she said.

"When a woman has been sexually assaulted, she needs to know that there is someone they can tell these really horrific personal details to, in utter confidence," Stone said.

Bryant is scheduled for another pretrial motions hearing Monday and Tuesday.

Monday's proceeding will begin with a continuation of a Jan. 23 hearing - which is closed to the public - to determine whether Bryant's lawyers will be able to introduce details of the alleged victim's medical history at trial.

brennanc@RockyMountainNews.com or 303-892-2742

Copyright 2004, Rocky Mountain News. All Rights Reserved.