By Charlie Brennan, Rocky Mountain News
December 19, 2003

EAGLE - Arguments made today in an Eagle courtroom over medical records and patient confidentiality could be critical in determining the course of the sexual assault case against Los Angeles Lakers star Kobe Bryant.

It remains to be seen how much of that debate will reach the public's eyes and ears. Also, the outcome may not be immediately known.

An attorney for the alleged victim in the case filed a motion earlier this month asking that all issues related to the 19-year-old's medical records be heard outside the presence of the public and the press. No ruling has been made on that request, which is opposed by news media groups.

The alleged victim's mother and a number of her friends have been subpoenaed for today's session, but if the young woman's lawyer gets his way, their testimony may be taken in private.

At center stage in today's hearing is a series of contested defense requests dating back to before Bryant's October preliminary hearing.

Bryant's lawyers have asked to see medical records from the North Colorado Medical Center and North Colorado Psych/Care Recovery Center in Greeley in connection with a Feb. 23 incident in which the alleged victim 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 following a May 30 pill overdose.

A motion filed last week by the defense labeled both the Feb. 23 and May 30 incidents as attempted suicides, aimed at grabbing the attention of her ex-boyfriend. Bryant's lawyers charge that her accusation against the NBA star has the same motivation.

Also targeted by Bryant's team is the alleged victim's academic records from the University of Northern Colorado, where she was a freshman last year. A lawyer for UNC is fighting that subpoena.

In fighting those subpoenas, lawyers for those entities, and for the alleged victim herself, have argued that she has not waived her privilege of confidentiality.

A last-minute motion and judicial order entered Thursday set the stage for legal arguments on the issue.

A defense motion stated that the subpoenas, all issued Aug. 19, should be honored because "the information contained in the subpoenaed records was discussed by the privilege holder with a number of third parties."

It continued: "These conversations constitute an implicit waiver of the physician-patient privilege protecting the medical information concerning her purported suicides and prescribed medication."

District Judge Terry Ruckriegle's new order said both sides would be given the opportunity to argue their positions on the confidentiality questions today.

Another contested defense subpoena likely to be addressed today is the subpoena served on the Resource Center of Eagle County. The defense wants to examine all notes made by a rape victim advocate who sat in on the woman's July 1 interview with Eagle County Sheriff's Detective Doug Winters.

Additionally, Bryant's lawyers want access to all training manuals and documents used to train the center's victim advocates.

Attorneys representing the center have taken the position that those materials are privileged and confidential material to which the defense is not entitled.

On Dec. 12, Eagle District Attorney Mark Hurlbert filed a motion asking for a hearing to determine the relevance of the alleged victim's medical and mental health history to Bryant's case.

In that motion, Hurlbert flatly stated, "Medical and mental health information and related details are not relevant in the trial in this case."

Bryant, free on $25,000 bond, has admitted committing adultery with his alleged victim, but has claimed their contact in the June 30 incident was consensual.

"The defense doesn't have to win any of these, but if it wins any of them, it's just another torpedo in the side of the prosecution's case," said Larry Pozner, past president of the National Association of Criminal Defense Lawyers.

"Credibility is the lifeblood of a consent-defense sexual assault case, and the credibility of the complaining witness has been on a downward spiral. This is a case in deep trouble."

Pozner said Ruckriegle is known for his carefully considered decisions and will likely not rule today.

brennanc@RockyMountainNews.com or 303-892-2742

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