Lawyers
to use medical records
DENVER
(AP) -- Kobe Bryant's lawyers have subpoenaed
a Colorado hospital to see his accuser's
medical records -- the first indication
they might make her mental health an issue
if the sexual assault case against the NBA
star goes to trial.
The
subpoenas were disclosed in a court filing
by a Greeley hospital where the 19-year-old
accuser was treated in February after police
at the University of Northern Colorado determined
she was a "danger to herself."
Campus
police have refused to say whether the woman
attempted suicide, saying only that the
hospitalization was for a mental health
issue.
Attorneys
for the North Colorado Medical Center and
its psychiatric care center asked a judge
to quash the subpoenas and destroy the records
already sent to him, citing medical privacy
laws.
Medical
center attorney Mike McConnell said there
are legal provisions for giving medical
records to attorneys in criminal cases,
and the hospital wants to make sure it is
taking the required steps.
The
woman's attorney has told the hospital she
has "explicitly not waived her medical
privilege," according to the filing.
Calls
to the accuser's attorney and Bryant's defense
team were not returned Tuesday.
Bryant,
25, is charged with sexually assaulting
the 19-year-old Colorado resort employee
June 30. The Los Angeles Lakers guard has
said the sex was consensual. An Oct. 9 hearing
will determine whether there will be a trial.
Information
about the woman's mental health might never
be presented to the jury if the case goes
to trial, a legal expert said.
"Whether
that would be allowed depends on whether
there's anything else there other than (attempted)
suicide, some other indication of mental
instability or something that would point
toward her being an unreliable observer
or witness," said Christopher Mueller,
a professor at the University of Colorado
law school.
Meanwhile,
an Iowa college student pleaded innocent
in Denver federal court Tuesday to making
a death threat against Bryant's accuser
in a profanity-laced telephone message last
month.
John
Roche, 22, said nothing in court and ignored
reporters outside. He remains free on $250,000
bail.
U.S.
Magistrate Patricia Coan barred Roche from
drinking alcohol and limited his travel
to Colorado and to Iowa, where he attends
the University of Iowa. A Nov. 3 trial was
scheduled before U.S. District Judge Walker
Miller.
Roche's
attorney, Nathan Chambers, said there was
a good chance of a plea bargain, but would
not elaborate. If convicted, Roche could
get up to five years in prison and a $250,000
fine.
A
friend of Roche has said Roche is a "sports
fanatic" who had been drinking all
day at a golf tournament when he allegedly
made the call.
Some
Web sites have disclosed the identity of
Bryant's accuser, and the judge in the case
has said some letters sent to authorities
included death threats. Also, the father
of Bryant's accuser has called police at
least twice in recent weeks to report suspicious
incidents.
Also
Tuesday, a group of news organizations said
they intend to appeal Eagle County Judge
Frederick Gannett's order to withhold from
the public most of the detailed court records
of the case. Attorney Chris Beall, whose
clients include The Denver Post, CNN and
NBC, has said court records can remain secret
only for a compelling reason.
Prosecutors
have said they will not appeal Gannett's
order. Bryant's attorneys have not indicated
their plans.
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