Medical Records Key to Next Hearing
While a judge weighs whether Kobe Bryant’s attorneys should gain access to medical records of the woman accusing the Laker guard of sexual assault, prosecutors made a last-ditch effort Thursday to show that at least some of the records were privileged.
Dist. Atty. Mark Hurlbert said in a court filing that hospital records inadvertently sent to the defense by the prosecution must be returned or destroyed.
Furthermore, he said, that the records were mistakenly released does not constitute a waiver of medical privilege, as Bryant’s attorneys have asserted.
Valley View Hospital in Glenwood Springs, Colo., was subpoenaed in July to give prosecutors records pertaining to the 19-year-old woman’s July 1 rape examination.
The hospital also erroneously released records pertaining to an overdose of pills taken by the woman in May. Prosecutors, not realizing the overdose records had been enclosed with the rape examination records, turned over the entire file to the defense as part of discovery.
Bryant’s attorneys have argued that the woman had an obligation to seek the return of the records and that her failure to do so constituted a waiver of medical privilege. Hurlbert disagrees.
“The victim has no burden to correct a treatment provider’s error,” Hurlbert wrote.
Before pretrial hearings resume Wednesday in Eagle County court, Judge Terry Ruckriegle is expected to rule on whether the defense can gain access to the woman’s medical records, including those pertaining to another overdose attempt in February 2003, when she was a student at the University of Northern Colorado. However, Ruckriegle could wait until all pretrial hearings are completed before issuing a ruling.
Also Thursday, Ruckriegle issued a two-item scheduling order for Wednesday and Thursday.
The first item is to continue with the rape-shield hearing that began March 2.
The second item is to complete the suppression hearing on whether statements made by Bryant the day after the June 30 encounter and physical evidence from his clothing taken will be admissible at trial.
The entire hearing is expected to take place in closed court.
