There is no way to hold public court hearings on the medical records of Kobe
Bryant's alleged sexual assault victim without violating her privacy rights,
lawyers for the prosecution and the woman say in court filings.
Kobe Bryant, one of
the world's best known basketball players, and THG, a previously unknown
steroid, provided a sinister backdrop to the North American sports scene
in 2003 which saw as much action in the law courts as the sports arena.
[Reuters]
The NBA star's attorneys want access
to the woman's medical records because they contend they will prove that she
engaged in a pattern of dangerous acts — including suicide attempts — to gain
the attention of her ex-boyfriend.
A Jan. 23 hearing is expected to center on the issue, and media
organizations, including The Associated Press, have argued that the public
should be allowed at the proceeding.
In filings made public late Friday, prosecutors, a lawyer for the alleged
victim and lawyers for a victim's advocacy center said the hearing and the
medical records should remain private. They argued that privacy rights regarding
medical or mental health records are absolute unless they are waived.
"There is little if any benefit to public access to this proceeding aside
from satisfying mere curiosity," wrote John Clune, an attorney for the alleged
victim.
Bryant's lawyers contend the 19-year-old woman indirectly waived her
medical-record privacy rights by talking to others about her health and
treatment. But they also want to block media coverage of the hearing, as well as
another scheduled for February that is expected to focus on whether Bryant's
statements to police were obtained illegally and therefore inadmissible at
trial.
The media attorneys have argued for keeping both hearings open, saying that
much of the information already has been published or broadcast, and that
hearings can be conducted without releasing sensitive information.
Bryant, 25, faces four years to life in prison or 20 years to life on
probation if convicted of felony sexual assault. The Los Angeles Lakers (news)
star has said he had consensual sex with the woman June 30, when he stayed at
the mountain resort where she worked. No trial date has been scheduled.
In another filing, prosecutors said Colorado's rape shield law, which
generally prevents defense attorneys from bringing up an alleged victim's prior
sexual conduct, is constitutional even though it allows such information into a
trial if it is determined relevant.
Bryant's lawyers have argued that the shield the law violates a defendant's
constitutional right to equal protection, but prosecutor Dana Easter wrote that
the law has been upheld in previous rulings.
It was unclear when State District Judge Terry Ruckriegle would hear
arguments or rule on the constitutionality of the rape shield law. Two other
hearings are scheduled in March.
