Court Filings Seek Closure

Attempts to keep an upcoming hearing in the Kobe Bryant sexual assault case open to the public were attacked by three separate entities in court filings made public Monday.

Attorneys for the prosecution, Bryant’s accuser and a victim’s advocacy center asked Judge Terry Ruckriegle to close a Jan. 23 hearing that is expected to include testimony pertaining to whether the alleged victim waived privacy rights surrounding two reported suicide attempts in the last year.

Bryant’s attorneys also want Ruckriegle to close hearings scheduled Feb. 2 and 3 that are expected to address whether statements the Laker star made to sheriff’s investigators were obtained illegally. Media organizations, including The Times, argued that both hearings should remain open, saying that details pertaining to the suicide attempts already have been reported and that Bryant’s statements would not jeopardize his right to a fair trial even if they are deemed inadmissible.

Bryant is accused of raping a 19-year-old Eagle, Colo., woman June 30 at a resort where he was a guest and she worked. He says they had consensual sex.

His attorneys have subpoenaed nine people to testify that the woman waived her privacy privileges by speaking with others about the suicide attempts, which occurred in February 2003, at the University of Northern Colorado, and in May 2003, at the Eagle home of the woman’s family.

Prosecutors and attorneys for the Eagle County Resource Center joined John Clune, the woman’s attorney, in arguing that the media does not have a constitutional right of access to pretrial proceedings involving physician-patient privileges. Deputy Dist. Atty. Ingrid Bakke wrote that “the victim has not waived her privilege to a public viewing of her medical history. She does not believe her medical history is relevant.”

In another filing, prosecutors countered an argument by Bryant’s lawyers that the Colorado rape shield law is unconstitutional because it allows a defendant’s sexual history to be admissible at trial while barring similar details of an accuser.