EAGLE, Colorado, 21 December 2003 — Lawyers for US basketball star Kobe Bryant on Friday asked a judge to allow them access to his rape accuser’s medical records and mental history in a bid to discredit her allegations.
The bid to override the 19-year-old woman’s medical confidentiality came in Bryant’s fourth hearing in the Colorado mountain hamlet of Eagle as the sportsman’s legal team targeted her behavior before the alleged sex assault. The hearing focused on requests to bring into evidence at trial the accuser’s alleged use of drugs meant to treat schizophrenia and claims that she attempted suicide at least twice just to win her ex-boyfriend’s attention. But prosecutors and lawyers for the former concierge of the luxury resort, pleaded with Judge Terry Ruckriegle not to make the woman’s medical history available to the defense.
“The unnecessary humiliation and embarrassment of victims is the main reason we don’t have more victims report sexual assaults in the first place,” said attorney John Clune, representing the alleged victim.
“I do think the court must consider the global effect on future victims, in deciding the issue,” prosecutor Ingrid Bakke told the judge in a bid to thwart Bryant’s bid to waive the alleged victim’s right to medical privacy.
Bryant’s trial judge heard arguments in chambers over whether the accuser had waived her right to medical privacy by talking about certain issues with other people, including her mother, but did not rule on the issue.
Citing a lack of persuasive legal precedent, he deferred making a decision on whether to permit access to the woman’s medical records until Bryant’s next appearance on Jan. 23 and sent home the nine defense witnesses who had been prepared to testify.
