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Law: Bryant accuser's mental health history sought

Written by Mac Diva
Published September 19, 2003

The defense in the Kobe Bryant rape case is attempting to obtain transcripts of her calls to 911 and her medical records.

In another filing Tuesday, the Vail police department balked atturning over records of 911 calls to Bryant's attorneys, saying itwould violate a court order issued in the sexual assault caseagainst the Los Angeles Lakers guard.

An attorney for the department asked Eagle County JudgeFrederick Gannett to quash a subpoena served by Bryant's attorneysseeking the sealed records.

The judge did not immediately issue a ruling.

Earlier this month, a state judge rejected the Vail Dailynewspaper's request to release the 911 records, saying the"intensely personal" material would subject the alleged victim toharassment and abuse. The woman had been treated earlier this yearfor mental health problems.

The Vail paper wanted any 911 records made from the accuser'shome this year. Vail police handle emergency calls for the EagleCounty sheriff's office and Eagle police.

Bryant is charged with sexually assaulting the woman June 30 in his suite ata mountain resort where she worked and he was a guest. Bryant hassaid the two had consensual sex.

Bryant is scheduled to appear for an Oct. 9 preliminary hearingat which Gannett will decide whether he will stand trial.

An attorney for the accuser asked Gannett to deny a defenserequest for a hearing before Oct. 9 on whether she has waived herprivacy rights on medical records.

Attorney John Clune said the material could be used only toattack the woman's credibility, which is not relevant at apreliminary hearing unless other testimony is determined "whollyimplausible."

Defense attorneys Pamela Mackey and Hal Haddon are seekingmedical records from a clinic in Eagle, a hospital in Greeley andthe student health service at the University of Northern Coloradoin Greeley, where the woman was a freshman last year. They say thedocuments would help the judge evaluate the accuser's credibility.

Prosecutors and Clune are fighting that request, along with adefense attempt to force the accuser to testify in person Oct. 9.

These developments are not unexpected. Writing for the New Yorker last month, legal commentator Jeffrey Toobin said the defense's case will be to present Bryant as truthful and reliable and his accuser as unstable and unreliable. The evidence sought, 911 calls and medical records, may be admissible. Her alleged suicide attempt also involved relationship problems with a man. Arguably, it could support a claim of a pattern of striking out at others when the woman feels she has been taken advantage of sexually. (Mental health experts consider suicides or attempts aggressive acts.) The demand she testify at the Oct. 9 hearing is the most unwarranted. I doubt the judge will agree with the defense.

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Law: Bryant accuser's mental health history sought
Published: September 19, 2003
Type: News
Section: Culture
Writer: Mac Diva
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Comments

#1 — September 19, 2003 @ 17:41PM — Phillip Winn [URL]

I feel very sorry for the accuser. Her pain is about to get even more intense, and her life will be exposed for all to see and judge. If her story is true, she doesn't deserve this at all.

Of course, if her story is not true, then I feel even more sorry for the accused, whose life has already been exposed for all to see and judge, and whose reputation will never quite be clear of the stain of the accusation.

The defense needs access to anything truly relevant, and it sounds like these records might be helpful in determing the truth of the case, but I hope in one sense that they never become public, though I'm generally opposed to secrecy in courtrooms.

Rape and false accusations of rape are both ugly, ugly things. The fact that I'm generally inclined to believe the woman in rape cases makes me especially sad, but I don't really know any of the facts of the case, so I have sympathy for both of them.

#2 — September 19, 2003 @ 18:58PM — Al Barger [URL]

She has accused Mr. Bryant of an ugly, vicious crime, for which he faces the possibility of losing his career, and pretty much everything he has worked for in life. If you're going to do that, then you have to expect to be put up for examination yourself.

I don't know about the specifics of the preliminary hearings here, but absolutely he has a constitutional right to face his accuser at some point in this process. Period.

It may be tough or embarassing for her, but HE is the one facing a prison sentence.

#3 — September 19, 2003 @ 23:09PM — Steve Rhodes [URL]


He will be able to at trial.

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