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Bryant judge bars defense from accuser’s records

DENVER (REUTERS) — A Colorado judge Wednesday denied Kobe Bryant’s lawyers access to medical records of the 19-year-old woman who accuses him of rape, dealing a setback to the basketball star’s defense.

Bryant’s attorneys had argued that, while such records are normally protected under Colorado law by physician-client privilege, the woman had waived those rights by discussing her treatment with a number of people, including her mother.

The defense wanted the records admitted as evidence to show that she was unstable and to attack her credibility as the key witness in the sensational case.

Some of the people in whom she confided were called as witnesses by the defense at a hearing before District Court judge Terry Ruckriegle in which the defense sought the records and Eagle County prosecutors fought the request.

“Based on the evidence and the law the court concludes that the records sought by the defense are medical records and contain communications covered by the physician-patient privilege,” Ruckriegle said in his 11-page written ruling.

“Further, the court finds that the victim did not give consent to disclosure of this privileged information, nor did she explicitly or implicitly waive the confidentiality of the communications contained in those records,” he said.

He said the young woman never revealed the specific nature of her medical treatment or the substance of her conversations with doctors.

Bryant is charged with raping the woman June 30 at a Colorado resort where she worked. Bryant was staying there while in town for knee surgery. The 25-year-old married father has denied the charges and said the two had consensual sex.

He is expected to stand trial later this year.

Former Denver prosecutor Craig Silverman, who has followed the case as a legal commentator, said the ruling was “the furthest thing from a surprise” because of the strength of physician/therapist privilege laws.

“I don’t think the defense really expected to win on this issue but did get a lot of mileage out of the attempt to get the records,” Silverman said.

“Team Kobe got to question the alleged victim, her mother and her friends under oath who otherwise would not have talked to the defense,” Silverman said.

Silverman said the key rulings on the alleged victim’s mental condition will come when the judge rules on whether her alleged suicide attempts can be introduced at trial.

Krista Flannigan, spokeswoman for Eagle County district attorney Mark Hurlbert, said, “The District Attorney’s Office is pleased with the judge’s ruling regarding this … issue.”

Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault, said the ruling sent a message to the defense to stop attacking the accuser.

Denver trial attorney Daniel Recht said the ruling was a “minor setback” for the defense.

“All the ruling said was that the woman has not waived the medical privilege and the defense can’t subpoena her medical and psychological records.”

Recht said the ruling was limited, because the judge still has to rule on whether the defense can introduce other evidence that may show the woman’s instability.

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