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Vail Ordered To Give 911 Tapes To Kobe's Defense Team

Calls Made From Accuser's Home Will Not Be Released Publicly

POSTED: 6:36 am MDT September 30, 2003
UPDATED: 7:47 am MDT September 30, 2003

In a victory for Kobe Bryant's attorneys, a judge on Monday ordered Vail police to turn over records of 911 calls made from the home of the woman who has accused the NBA superstar of rape.

Eagle County Judge Frederick Gannett said the records, from calls made earlier this year, must be turned over to Bryant's defense team but cannot be released to the public.

The Vail Police Department, which handles emergency calls for Eagle County authorities, had asked Gannett to throw out a defense subpoena for the records, saying releasing them would violate an order from another judge.

Gannett said he was not bound by state District Judge Richard Hart's decision rejecting a newspaper's request to see the 911 records. It is unknown exactly when the calls were made but it is believed that they were made before the alleged assault, 7NEWS reported.

Friends of the alleged victim say she has twice overdosed on sleeping pills -- once in her dorm room at the University of Northern Colorado in February and once in May at her home in Eagle.

The 911 tapes to be released to Bryant's lawyers are believed to be the calls made by the victim's parents when they found her in her bedroom in May.

According to her friends, the 19-year-old was going through an extremely difficult period in her life at the time of the overdose. She returned home from her freshman year of college to find out her ex-boyfriend was dating another woman. Also, around the time of the overdose, a close friend died in an accident while returning from high school graduation ceremonies.

The defense has sought the medical records of Bryant's accuser, leading to speculation that they will try to make her emotional stability an issue if the case goes to trial. The woman was treated at a Greeley hospital earlier this year for an unspecified mental health issue.

Gannett also said he will decide all unsettled legal questions -- including whether Bryant's 19-year-old accuser will testify at the Oct. 9 preliminary hearing and whether her medical records will be released -- on Thursday to give attorneys time to appeal.

"It's just a matter of trying to sit down and integrate it all into one response," Gannett said. "They're all related."

Bryant, 25, was charged with felony sexual assault after the 19-year-old woman said he raped her June 30 at the exclusive mountain resort where she worked and he was a guest. The Los Angeles Lakers guard, who is free on $25,000 bond, has said the two had consensual sex.

The preliminary hearing will determine whether Bryant will stand trial.

The defense again asked Gannett to keep the public out of the courtroom during the hearing, saying Bryant rights override the public's right to know.

"This is an extraordinary case with unprecedented risk that Mr. Bryant will be deprived of his right to a fair trial," defense attorneys Hal Haddon and Pamela Mackey wrote.

The attorneys argued that Colorado's Legislature has set a low threshold for closing preliminary hearings in felony sexual assault cases, but that judges have full discretion on such decisions. Prosecutors say there are sufficient safeguards in place so potential jurors will not get enough information to form opinions.

If the preliminary hearing is opened to the public, and if it appears as if the case will go to trial anyway, Bryant's attorneys may waive the Oct. 9 hearing to avoid a media circus and prevent the contamination of a potential jury pool, legal analysts say.

There were several other developments, including a filing by prosecutors seeking to keep many court records in the case sealed. Prosecutors said media organizations lacked grounds to file the appeal.

Gannett also said there is a possibility the hearing would have to be postponed but that he hoped to avoid that.

Attorneys for Bryant and for media organizations met with the judge to discuss his order restricting media activities, including punishing organizations that publish the woman's name or photograph. Media attorneys contend parts of the order are unconstitutional.

Gannett said he hoped to have changes worked out by Wednesday and that he would schedule a hearing if there are disagreements.


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