Bryant Misses Crucial Hearing

Kobe Bryant, already sidelined from Laker games because of a cut on his index finger, was a no-show for a crucial court hearing Monday because of what were described as flu-like symptoms.

The pretrial hearing, which was closed to the public, centered on whether Bryant’s attorneys can gain access to certain medical and psychological records of the woman accusing Bryant of rape.

Eight witnesses testified, and court spokesperson Karen Salaz said the hearing had been completed. Judge Terry Ruckriegle is not expected to issue a ruling for several days.

Bryant, who was in the Eagle County area Monday, must attend today’s suppression hearing for it to go forward, according to Krista Flannigan, spokesperson for the prosecution.

Salaz was told Bryant would be in court today, but if he is too ill to attend the proceeding will be postponed. The next hearing is scheduled for March 1 and 2, and Salaz said it would be difficult for another date to be set before then because of limited courtroom availability.

Bryant, 25, faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault stemming from a June 30 encounter with a 19-year-old worker at an Edwards, Colo., resort. He has said he had consensual sex with the woman. No trial date has been set.

Legal analysts were split on whether the Laker star would be called to testify today. His attorneys contend that a 75-minute interrogation of Bryant conducted by sheriff’s investigators was illegal and cannot be used against him.

Attorneys Hal Haddon and Pamela Mackey also say that physical evidence obtained in the investigation during the early morning hours of July 2 at the Lodge and Spa at Cordillera is inadmissible. The evidence includes a blood-stained T-shirt Bryant was wearing at the time of the interview.

Bryant, his attorneys say, was “in custody” and should have been read his Miranda rights. Also, the defense contends the search warrant used by Eagle County sheriff’s detectives was valid only during the day and the investigation was conducted at night.

“I think Kobe will testify because he needs to explain that he felt he was not free to leave when he was being interviewed,” said David Lugert, a former Eagle County deputy district attorney who has followed the case. “That’s why he is saying his rights should have been read.”

However, former Denver prosecutor Craig Silverman believes Bryant has more to lose than to gain.

“If he is called as a witness, he is subject to cross-examination,” he said. “Anything he says now cannot be changed later at trial. He would have to be very careful. I don’t think [Haddon and Mackey] will put him on.”

A portion of today’s hearing will be closed. Ruckriegle ruled last week that testimony or evidence about Bryant’s statements to investigators would be heard in private because the statements could influence potential jurors.

Testimony from three undercover sheriff’s officers will be taken in open court, but the identities of the officers will be concealed by a screen and their names will not be used.

On Monday, reporters crowded in the hall of the Eagle County Justice Center and watched eight witnesses go in and out of the courtroom throughout the day. Testimony was taken from a sheriff’s officer and several people close to the accuser, including her mother and a former boyfriend. Others who testified were a longtime friend of the woman and her mother, as well as the woman’s former roommates and dormitory residence advisor at the University of Northern Colorado.

Bryant’s attorneys have documented that the woman attempted suicide twice by overdosing on pills last February at Northern Colorado and in May at her parents’ Eagle home. They say that the episodes are a pattern of attention-seeking behavior that calls into question her credibility.

The defense also says the woman was taking antidepressants in the months before the incident with Bryant. It has been trying to gain access to her medical records for months, saying the accuser waived privacy rights by discussing the overdose attempts with others.

“Because of the importance of the accuser’s testimony to a finding of probable cause, the defense should be permitted to test her credibility as fully as possible,” Mackey wrote in a court filing.

Even if Ruckriegle ruled that the woman waived her rights, the defense would still have to convince the judge that the information was relevant before it could be admitted at trial.

In an order issued Monday, Ruckriegle said Dr. Elizabeth Johnson, a Ventura forensics expert working for Bryant, may be present to observe the Colorado Bureau of Investigation when tests are conducted on physical evidence that would destroy the material being tested.

Johnson also will be provided with samples of evidence obtained from Bryant and his accuser, including hair, fibers and clothing. The evidence must be given to Johnson by Feb. 28, and she may test it at an independent laboratory, Technical Associates, in Ventura.