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Basketball-Kobe Bryant defense pushes to put accuser on stand
( 2003-09-16 09:37) (China Daily)

The defense in the Kobe Bryant rape case renewed its call on Monday to require his accuser to appear in person to testify about her medical records in hopes of showing that she so lacks credibility that the case would have to be dropped.

 Attorneys for Bryant, 25, have subpoenaed the 19-year-old woman's medical records about an incident when she was hospitalized in February after police determined she was "a danger to herself."

 Defense attorneys Hal Haddon and Pamela Mackey not only want to see the medical records, but want the woman to testify about them before a scheduled Oct. 9 preliminary hearing that will determine if the Los Angeles Lakers basketball star should stand trial for rape.

 "These records are sought prior to the preliminary hearing because it is believed, based on law enforcement reports and other information in the possession of the defense, that the records will contain information important to the court's assessment of the accuser's credibility," the filing said.

 Eagle County District Attorney Mark Hurlbert has said the woman, who worked as a concierge at a posh Colorado resort hotel when she said she was attacked, has not waived the physician-client privilege. He added that any hearing about the records should be held after the preliminary hearing.

 Details of the woman's hospital stay have not been disclosed, but police have said they took the young woman to the hospital in February -- about four months before she said Bryant raped her -- because she was "a danger to herself."

 Bryant has denied he raped the woman and said the June 30 encounter was consensual sex.

 At a preliminary hearing the prosecution needs to show only enough evidence for the judge to conclude there is probable cause that the defendant committed the offense. That legal standard falls far short of proof beyond a reasonable doubt, which is required for conviction in the United States.

 The prosecution has said it plans to present a videotape of the accuser plus pictures of her injuries. The defense wants the preliminary hearing closed to the public and the media because of the expected sensational nature of the hearing.

 
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