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Attorneys Want Kobe's Accuser To Testify At Prelim

Defense Team Also Seeking Other Documents From UNC

POSTED: 9:33 am MDT September 9, 2003
UPDATED: 11:56 am MDT September 9, 2003

Kobe Bryant's attorneys are trying to get his accuser to testify at next month's preliminary court hearing in the case.

Defense attorneys Pamela Mackey and Hal Haddon issued a subpoena to the 19-year-old Eagle woman to have her appear at the Oct. 9 preliminary hearing in Eagle County Court, prosecution spokeswoman Krista Flannigan said Tuesday. During the preliminary hearing, prosecutors will have to show that they have enough evidence to take the NBA superstar to trial for allegedly raping the woman at the exclusive hotel where she worked on June 30.

District Attorney Mark Hurlbert said he will file a motion to block the subpoena either later Tuesday or Wednesday.

Dan Recht, past president of the Colorado Criminal Defense Bar, said judges tend to side with prosecutors who ask to prevent an alleged victim from testifying at a preliminary hearing.

They don't want to subject her to cross-examination if they don't have to," he said. "In part because it's a traumatic experience and in part because it's strategic: they don't want to subject their star witness to cross-examination before the trial."

Defense attorneys could use any discrepancies between her testimony at the preliminary hearing and the trial to attack her credibility, former Denver District Attorney Norm Early said.

"They would make them look like huge discrepancies. The fewer versions that are given, the fewer difficulties you would encounter at a trial," he said. "The only real reason for the defense calling a victim is if the victim is recanting the story and they're the only ones who know it. That situation never arises."

Bryant's defense team is also looking into obtaining more records from the University of Northern Colorado, where the alleged victim went to school last year as a freshman. According to a court file available for public viewing, UNC general counsel Ronald Lambden sent "documents and records" to Eagle County Judge Frederick Gannett on Aug. 27, in response to two defense subpoenas dated eight days earlier.

It is not known specifically which documents Bryant's attorney have requested from UNC. Lambden describes the documents as material "kept in the normal course of the University of Northern Colorado's business," in his letter to Gannett.

Bryant's attorneys have also sought the accuser's medical records from UNC's student health clinic, the North Colorado Medical Center in Greeley and the Eagle Valley Medical Center. The woman was treated earlier this year for mental health problems.

Prosecutors have asked the judge not to release the medical records, saying they could be used in an attempt to destroy the woman's credibility during the preliminary hearing. Hurlbert said the woman hasn't waived her medical privacy rights except in the case of records of an examination the day after the alleged attack.


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