ducks
09-07-2003, 12:50 PM
Defense attorneys want the medical records for Kobe Bryant's alleged victim
Kobe Bryant's defense attorneys should not get his alleged victim's medical records, her attorney argues in a motion filed Thursday.
Attorney John Clune's motion asked Eagle County Court Judge Fred Gannett to reject a defense request for medical records from three medical facilities.
"The subpoenas ask for confidential and privileged information," Clune wrote in Thursday's motion.
Bryant's defense attorneys, Pamela Mackey and Harold Haddon, asked for the alleged victim's medical records from the University of Northern Colorado's Student Health Services, the Northern Colorado Medical Center and the Eagle Valley Medical Center.
The alleged victim, who was a student at the University of Northern Colorado last year, was found in her dorm unconscious from an overdose. UNC campus police called emergency medical personnel, who transported her to the hospital. The campus police chief said she was transported to the hospital because he had determined she was a danger to herself.
She was back in class a few days later.
That was followed by a similar incident in late May at the alleged victim's home in Eagle County.
In his motion, Clune wrote that the records the defense wants contain confidential doctor-patient information. He argued that under Colorado law, they cannot be made available to the court, or anyone else, without the alleged victim's permission.
"The victim in the matter has decidedly not forsaken her right to confidentiality," wrote Clune.
Michael McConnell, attorney for the Northern Colorado Medical Center, filed a similar motion asking Gannett to reject the defense attorneys' requests.
In a motion filed last Friday, McConnell said those records fall under doctor-patient privilege, which he said were protected under state law. McConnell said the alleged victim's records not be made public without her permission. He wrote in his motion that the "victim intended to assert all her legal rights to the confidentiality of such records, did not authorize providing such records to anyone, including the court, and objected to the subpoenas."
Mackey wrote Thursday that the issues raised in those motions to reject their requests require a hearing to examine the evidence, specifically the application of the law on which Clune based his motion, and whether the alleged victim has forfeited her right to privacy.
Following that hearing, Gannett will decide what he will allow into evidence for Bryant's Oct. 9 preliminary hearing.
Bryant is accused of raping the 19-year-old Eagle woman June 30 at the Lodge and Spa at Cordillera, where she was a hotel worker.
link (http://vaildaily.com/apps/pbcs.dll/artikkel?SearchID=73146531943289&Avis=VD&Dato=20030904&Kategori=NEWS&Lopenr=309040103&Ref=AR&template=art2)
Kobe Bryant's defense attorneys should not get his alleged victim's medical records, her attorney argues in a motion filed Thursday.
Attorney John Clune's motion asked Eagle County Court Judge Fred Gannett to reject a defense request for medical records from three medical facilities.
"The subpoenas ask for confidential and privileged information," Clune wrote in Thursday's motion.
Bryant's defense attorneys, Pamela Mackey and Harold Haddon, asked for the alleged victim's medical records from the University of Northern Colorado's Student Health Services, the Northern Colorado Medical Center and the Eagle Valley Medical Center.
The alleged victim, who was a student at the University of Northern Colorado last year, was found in her dorm unconscious from an overdose. UNC campus police called emergency medical personnel, who transported her to the hospital. The campus police chief said she was transported to the hospital because he had determined she was a danger to herself.
She was back in class a few days later.
That was followed by a similar incident in late May at the alleged victim's home in Eagle County.
In his motion, Clune wrote that the records the defense wants contain confidential doctor-patient information. He argued that under Colorado law, they cannot be made available to the court, or anyone else, without the alleged victim's permission.
"The victim in the matter has decidedly not forsaken her right to confidentiality," wrote Clune.
Michael McConnell, attorney for the Northern Colorado Medical Center, filed a similar motion asking Gannett to reject the defense attorneys' requests.
In a motion filed last Friday, McConnell said those records fall under doctor-patient privilege, which he said were protected under state law. McConnell said the alleged victim's records not be made public without her permission. He wrote in his motion that the "victim intended to assert all her legal rights to the confidentiality of such records, did not authorize providing such records to anyone, including the court, and objected to the subpoenas."
Mackey wrote Thursday that the issues raised in those motions to reject their requests require a hearing to examine the evidence, specifically the application of the law on which Clune based his motion, and whether the alleged victim has forfeited her right to privacy.
Following that hearing, Gannett will decide what he will allow into evidence for Bryant's Oct. 9 preliminary hearing.
Bryant is accused of raping the 19-year-old Eagle woman June 30 at the Lodge and Spa at Cordillera, where she was a hotel worker.
link (http://vaildaily.com/apps/pbcs.dll/artikkel?SearchID=73146531943289&Avis=VD&Dato=20030904&Kategori=NEWS&Lopenr=309040103&Ref=AR&template=art2)