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Judge In Bryant Case Delays Hearing About Accuser's Medical History

Ruckriegle Rules Sheriff's Office Must List People Who Ordered T-Shirts

UPDATED: 5:59 pm MST December 19, 2003

Kobe Bryant made his fourth appearance in an Eagle County courtroom Friday morning in the first of several pretrial hearings that will determine what evidence will be allowed at his trial next year.

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In the morning, District Judge Terry Ruckriegle ruled quickly on several motions. One dealing with the controversial "hangman" Kobe T-shirts, another on allowing evidence to be independently tested and the other on the prosecutor's request for an investigation into media leaks.

Ruckriegle turned down the prosecution's request, saying that trying to find out whether anyone involved in the high-profile case was giving sealed details to reporters would be a waste of time.

He also ruled that the defense team can have the names of all the investigators at the Eagle County Sheriff's Office who ordered or took for free a T-shirt that apparently poked fun of Bryant. One T-shirt has Bryant's No. 8 on the back with the words, "I'm not a rapist; I'm just a cheater." The other shirt says, "First class plane ticket, $600; hotel room, $5,000; Surgery, $25,000; Not bringing your wife to Colorado with you -- priceless."

Defense attorney Pamela Mackey argued that the T-shirts -- whether the investigators ordered them or whether they took them because they were being distributed for free -- show bias. Ruckriegle ruled that the sheriff's department now has to turn over the list of names to the defense by Jan. 5. District Attorney Mark Hurlbert admitted Friday that he received a shirt but never wore it.

The defense also asked Ruckriegle to order authorities to turn over some evidence to an independent laboratory for DNA testing -- a request that the judge granted. Legal experts have said the evidence is probably blood, pubic hair and semen samples found during a hospital examination of Bryant's accuser.

The judge is now hearing arguments on whether the defense can have access to notes taken during an interview of the woman by a worker for a rape victim's advocacy group.

Motion On Whether To Allow Medical History To Be Discussed Later

However, the primary motion of the day -- whether the testimony or evidence about the accuser's medical history will be allowed in the trial -- was not discussed in court, 7NEWS reported.

The judge delayed a hearing on that motion until January, perhaps signaling what a huge issue it is to tackle, 7NEWS reported.

Ruckriegle sent witnesses home Friday and met privately with defense attorneys, wanting to know specifically why they think the victim's medical privacy should be waived. Ruckriegle asked attorneys on both sides to spell out in briefs whether the medical history should be allowed. He said the issue will be taken up again at a Jan. 23 hearing.

That type of evidence could play a huge role in the case against the Los Angeles Lakers star: The defense wants to use the details to suggest the woman had mental problems that could have clouded her perception of what happened between the two in a Colorado hotel room last June. Bryant has insisted they had consensual sex.

In order for the accuser's medical history to be allowed in the case, Bryant's lawyers would have to prove that the woman told people about her medical history and that the information is relevant to the case.

In Colorado, a patient's medical records cannot even be reviewed by a judge in private unless the patient consents or otherwise gives up privacy rights. In the Bryant case, the woman has not told her doctors they can release the records but Mackey and Hal Haddon argue that the woman waived her privacy because she told a police officer and others, like her mother and her friends, about her medical condition.

On Friday, with the father of the 19-year-old woman watching from the courtroom gallery, 20 feet away from Bryant, Ruckriegle listened as prosecutors and attorneys for the woman said her medical records are private and should remain out of public view.

Deputy prosecutor Ingrid Bakke said allowing such details to be brought up before a national media audience would prevent other alleged sexual assault victims from coming forward.

"When the bell is re-rung, it revictimizes the victim," she said.

Prosecutors and attorneys for the woman urged the judge to hold any arguments about the issue behind closed doors, and he agreed.

Defense lawyers have argued in court filings that she was a troubled woman who tried to kill herself twice -- in February and in May -- and accused Bryant of rape to get her ex-boyfriend's attention. They also say she had been prescribed an anti-psychotic drug.

The defense team subpoenaed the alleged victim's mother and a former friend, Lindsey McKinney, who has said the woman tried to kill herself twice this year.

Among the records the defense wants to use are documents from the North Colorado Medical Center in Greeley, where authorities brought the 19-year-old woman in February after determining she was a "danger to herself."

Bryant, 25, is free on $25,000 bond. He faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault.

Ironically, while Bryant is in Colorado, Denver's NBA team is in Los Angeles taking on the Lakers. Bryant will not play.

A Jan. 23 hearing has been scheduled to hear arguments about other issues in the case, including a defense request to throw out statements Bryant made to investigators that were secretly taped before he had been read his Miranda rights.

Stay with 7NEWS for a live report in Eagle from Investigator Tony Kovaleski at 5 and 6 p.m.

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