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Hearing to Center on Medical Records

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Times Staff Writer

The motions hearing today in the Kobe Bryant sexual assault case is expected to take all day, but most of the controversial topics from court filings this week will not be addressed.

The proceeding begins at 8 a.m. PST, but Bryant probably won’t make it back to Los Angeles in time for the Laker game against the Denver Nuggets at 7:30 p.m.

Judge Terry Ruckriegle has advised that the hearing will last until at least 4 p.m., perhaps longer. Court spokeswoman Karen Salaz said Thursday that items not addressed will be continued until the next scheduled court date, Jan. 23. She said Ruckriegle will not ask the parties to reconvene before then.

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Bryant, 25, is charged with sexually assaulting a 19-year-old Eagle woman at a mountain resort June 30 and is free on $25,000 bond. He says they had consensual sex.

The major issue to be decided today is whether medical records belonging to Bryant’s accuser will be made available to defense attorneys Hal Haddon and Pamela Mackey. The defense contends the woman waived privacy rights by discussing her medical records with others and has subpoenaed the woman’s mother and several acquaintances.

The defense is seeking to establish that what police described as suicide attempts by the woman Feb. 23 and May 30 are relevant because they establish a pattern of attention-seeking behavior. Late Thursday, Ruckriegle granted a defense motion for an evidentiary hearing, which would be held today.

In another item on the docket, the prosecution has asked Ruckriegle to open an independent investigation into an alleged leak by retired judge William Jones during the October preliminary hearing. In a report published by a New York newspaper, Jones said Haddon told him that Bryant’s accuser had semen from more than one man in her underwear during a rape examination.

The information turned out to be inaccurate -- the semen, according to testimony, is from someone other than Bryant -- but Dist. Atty. Mark Hurlbert was alarmed enough to request a special inquiry. Haddon denies talking to Jones.

Ruckriegle is also expected to ensure that both sides have turned over required evidence to each other and to inquire about the status of scientific testing of physical evidence. The defense has asked to be present for tests that will destroy the material being tested.

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It is unclear whether testimony will be open to the public or whether Ruckriegle will issue rulings from the bench or in writing later. The judge denied a request by media attorneys to file objections by telephone to closing portions of the hearing.

An attorney for Bryant’s accuser filed a motion Dec. 6 asking that any arguments concerning the admissibility of her medical records take place in private. Media organizations, including The Times, have argued that those discussions be held in open court.

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