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
DENVER -- Kobe Bryant's attorneys are trying to get his accuser to testify at next month's preliminary court hearing in the case.
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.
Previous Stories:
- September 8, 2003: Judge In Bryant Case Won't Permit Courtroom Cameras
- September 5, 2003: Kobe's Lawyers Seeking More Of Accuser's Medical Records
- September 3, 2003: Handful Of Records In Kobe Bryant Case Released
- September 2, 2003: Bryant's Attorneys Ask For Accuser's Medical Records
- September 2, 2003: Probe Of Bryant Leaks Looks Into Court Workers, Prosecutors
- August 30, 2003: Race Coloring People's View Of Bryant's Case
- August 29, 2003: Judge's Ruling On Sealed Records In Bryant Case To Be Appealed
- August 28, 2003: Prosecutors Won't Oppose Records Release In Bryant Rape Case
- August 26, 2003: Bryant's Accuser Not Returning To UNC; Prosecutor Opposes Courtroom Cameras
- August 23, 2003: Bryant Attorney Denies Settlement Rumors
- August 22, 2003: Deal May Be In Works In Kobe Case
- August 22, 2003: Death Threat Against Bryant's Accuser Results In Arrest
- August 20, 2003: Kobe Bryant Court Records Could Be Opened Soon
- August 19, 2003: Public Sounds Off On Kobe Bryant Case
- August 19, 2003: Eagle County Residents Polled About Kobe Case
- August 15, 2003: Judge With Little Experience Could Get Bryant Case
- August 12, 2003: Racist Fliers Found On Eagle County Doors
- August 6, 2003: Bryant Hearing Set For Oct. 9
- August 5, 2003: Cuban Chastised By NBA Commissioner For Kobe Comments
- August 5, 2003: Eagle Prepares For Kobe Bryant Media Onslaught
- August 5, 2003: Since Charges, Bryant On Losing Streak
- August 4, 2003: Kobe Accuser's Alleged Problems May Not Be Considered
- August 4, 2003: Judge Nixes Bryant's Request To Bar Cameras
- August 3, 2003: Kobe Bryant Gets Teen Award
- August 1, 2003: Report: Investigator In Bryant Case Named In Racial Profiling Lawsuit
- July 31, 2003: Judge Rejects Kobe Request Not To Attend Hearing
- July 30, 2003: Report: Bryant Deceived Investigators About Alleged Rape
- July 30, 2003: Woman Pictured As Kobe's Accuser Speaks Out
- July 29, 2003: Court Web Site To Devote Page To Kobe's Case
- July 28, 2003: Will 911 Call From Kobe's Accuser Be Released?
- July 27, 2003: Bryant Prosecutor Getting Threats
- July 26, 2003: Cameras Allowed In Courtroom For Kobe Bryant Hearing
- July 25, 2003: Tabloid Publishes Purported Photo Of Bryant Accuser
- July 25, 2003: Scrutiny Of Kobe Bryant's Accuser Intensifies
- July 25, 2003: Bryant's Accuser Previously Called 'Danger To Self'
- July 24, 2003: Family Of Woman Pictured In Kobe Bryant Case Hires Lawyer
- July 24, 2003: Kobe's Defense Team Familiar With High Profile Cases
- July 24, 2003: Radio Host Reveals Name Of Bryant Accuser
- July 23, 2003: Friend Says Kobe's Accuser 'Felt Chemistry' With NBA Star
- July 22, 2003: Eagle Teen Offered $12,500 For Kobe Bryant Story
- July 21, 2003: Report: Kobe's Accuser Had Recent Overdose
- July 18, 2003: Kobe Bryant Maintains Innocence After Charges
- July 18, 2003: DA To Announce Kobe Bryant Decision This Afternoon
- July 17, 2003: Decision In Kobe Bryant Case To Be Announced Friday
- July 15, 2003: State Crime Lab Working On Kobe Bryant Case
- July 14, 2003: Bryant Tells Paper He's Innocent
- July 14, 2003: Friends Of Kobe Bryant Accuser Go On National TV
- July 12, 2003: Kobe Bryant's Accuser Had Tried Out For 'American Idol'
- July 10, 2003: Prosecutors: Decision In Bryant Case Won't Come This Week
- July 9, 2003: Sheriff Concerned About Pressure On Kobe Bryant's Accuser
- July 9, 2003: Taxi Driver Says NBA Star Was At Hospital After Assault Claim
- July 7, 2003: D.A.: No Decision On Charges Against NBA's Bryant
- July 7, 2003: Kobe Bryant Arrested For Alleged Sexual Assault
Copyright 2004 by TheDenverChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.









