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
EAGLE, Colo. -- 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.
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.
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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.- December 15, 2003: Craig's Court: The Good, The Bad and The Ugly December 8, 2003: Craig's Court: A Tale Of Two Shirts November 21, 2003: Craig's Court: The Wacko Jacko Impact On Kobe Bryant November 20, 2003: Craig's Court: 101 Dull Motions November 19, 2003: Craig's Court: Probable Cause Equals HIV Testing November 18, 2003: Craig's Court: The Invitee and the Intruder
- November 13, 2003: Craig's Court: Non-Destructive Stalling In Kobe Bryant's Case
- November 12, 2003: Craig's Court: A Lawyer's Blog On The Bryant Case
- December 19, 2003: Tony's Blog: Where Has All The Interest Gone?
- November 13, 2003: Tony Kovaleski: Inside The Courtroom
Previous Stories:
- December 19, 2003: Eagle D.A. Admits Receiving Anti-Kobe T-Shirts
- December 18, 2003: Kobe Bryant Returns To Eagle Friday
- December 17, 2003: Kobe's Father Speaks Out About Rape Case
- December 17, 2003: Sheriff: Investigators' Interview With Bryant Proper
- December 11, 2003: Bryant's Lawyers Subpoena Accuser's Mother
- December 9, 2003: Bryant's Attorneys Accuse Prosecutors Of Racism
- December 2, 2003: Kobe's Attorneys, Prosecutors Push For Secrecy
- November 26, 2003: Report: Kobe's Accuser Had Checked Into Treatment Center
- November 25, 2003: Attorneys Fight Sealing Move In Kobe Bryant Case
- November 19, 2003: Report: Kobe May Be Ordered To Take HIV Test
- November 18, 2003: Bryant Prosecution Team Grows
- November 13, 2003: Accuser's Family In Court As Bryant Faces New Judge
- November 7, 2003: Graphic Transcript From Kobe Bryant Prelim Released
- November 5, 2003: Tattoos, Jewelry Part Of New Kobe
- November 5, 2003: Did Sheriff's Department Employees Buy Anti-Kobe T-Shirts?
- October 31, 2003: Supermarkets Yank Tabloid Carrying Bryant Accuser Photo
- October 28, 2003: Kobe Bryant's Next Trial Date Delayed
- October 24, 2003: Fans Give Bryant Rousing Welcome
- October 23, 2003: Judge Announced For Kobe Bryant Trial
- October 22, 2003: Man Charged With Threatening Bryant's Accuser To Plead Guilty
- October 20, 2003: Kobe Bryant To Stand Trial For Rape Archive of stories
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.









