Bryant Team Seeks Data

Kobe Bryant’s attorneys went on the offensive Thursday, one day after being denied access to the medical records of the woman accusing the Laker star of sexual assault.

Attorney Hal Haddon asked Colorado District Judge Terry Ruckriegle in a court filing to issue an order directing prosecutors to turn over to the defense all information they have that could help exonerate Bryant.

Some of the information sought by the defense pertains to the 19-year-old accuser’s two purported suicide attempts in 2003 and her mental health treatment. Ruckriegle said in his order that the woman’s medical records are privileged, but Haddon thinks that other references to the woman’s mental health condition and treatment could be admissible.

Haddon said prosecutors are obligated to inform the defense of all such evidence and let Ruckriegle determine admissibility. “The prosecution appears to harbor a misconception about the scope of the physician-patient privilege, which may be hindering the prosecution” from fulfilling its obligations, he wrote.

This is the second such request by Haddon, who accused Dist. Atty. Mark Hurlbert and his staff of repeatedly ignoring written requests by the defense for material ranging from the woman’s diaries to evidence regarding her sexual activities.

Bryant, 25, is accused of assaulting the 19-year-old woman at a Colorado mountain resort June 30. He has said they had consensual sex.

Both sides in a criminal case normally are required to share evidence through a legal process known as discovery. In the first motion, filed March 15, Haddon requested 21 items. The list was pared to 12 Thursday.

Included was a request for information about payment for therapy and counseling of the accuser, including her stay at the Meadows addiction treatment center in Arizona. Haddon said a monthlong stay at the Meadows typically costs $35,000.

Prosecutors earlier said that they have no knowledge of the woman’s stay at a rehabilitation facility and that the only source of public funds for her treatment is the Eagle County Victims Compensation Fund. Haddon countered that prosecutors must have knowledge of her rehabilitation stay because all payments from the compensation fund are processed through the district attorney’s office.

Haddon also expressed frustration at the large number of retractions in the testimony of Eagle County Det. Daniel Loya during a Feb. 3 hearing in open court and a March 25 hearing in closed court. Haddon requested that the defense be notified about any other possible retractions or modifications of witness testimony in a timely manner.