By Tillie Fong, Rocky Mountain News
January 22, 2004

A key part of the Kobe Bryant hearing this Friday dealing with the alleged victim's medical records and history will be closed, according to a judge's order Wednesday.

The anticipated testimony and the medical records are "intensely personal, highly sensitive and potentially embarrassing to the victim," State District Judge Terry Ruckriegle wrote in his ruling.

He also said that opening the hearing "would result in further widespread dissemination and comment based on the extensive publicity which has already resulted in this case."

Chris Beall, who represents several media organizations, said he is disappointed by the ruling.

"We believe it was possible and permissible to conduct the witness testimony in public without disclosing the purportedly confidential information," he said.

Beall said the organizations that he represents have yet to decide on whether to make an emergency appeal to the state Supreme Court to challenge Ruckriegle's decision.

John Clune, who represents the 19-year-old Eagle woman Bryant is accused of sexually assaulting, couldn't be reached for comment.

At issue is whether Bryant's alleged victim gave up her legal right to the confidentiality of her medical records and history when she talked about them to other people, including friends and a police officer.

The confidentiality issue is one of several that Ruckriegle will hear Friday.

Bryant's attorneys have asked to see the medical records from the North Colorado Medical Center and North Colorado Psych/Care Recovery Center in Greeley in connection with a Feb. 23 incident.

The woman was rushed to the hospital after police determined that she was a danger to herself.

The defense also is seeking access to her medical records from the Valley View Hospital in Glenwood Springs, where she was treated after a pill overdose May 30.

Bryant's attorneys have labeled both the Feb. 23 and May 30 incidents as attempted suicides, aimed at getting the attention of the woman's ex-boyfriend.

They claim that was also her motive for accusing Bryant of attacking her in a room at the resort where she worked.

Bryant has said the sex was consensual.

The lawyers for the hospitals and Clune have argued that the woman hasn't waived her right to keep the medical records confidential.

Therefore, those lawyers say, the records shouldn't be released to Bryant's attorneys.

Karen Steinhauser, a visiting professor at University of Denver's School of Law and a former prosecutor, said she wasn't surprised by the judge's decision.

"The court concluded that historically, there may be times when privacy interests and concerns of harm to other people have to override the right of media access," she said.

"Regardless of whether they believe the sexual assault occurred, the issue is this young women's mental health. Discussion of this stuff in open forum is incredibly embarrassing."

Ruckriegle also indicated that at Friday's hearing, he will deal with a controversy over what the district attorney's office knew about anti- Bryant T-shirts, and a defense request to have clothing from the alleged victim tested independently.

Ruckriegle also will take up two other requests to close hearings in the Bryant case.

One is a defense motion asking that initial statements made by Bryant when he was first contacted by investigators late the night of July 1 be suppressed, and not allowed to be heard at trial.

The second request is from the prosecutors, also dealing with the suppression of evidence.

Copyright 2004, Rocky Mountain News. All Rights Reserved.