Evidence Battle Heats Up

Prosecutors in the Kobe Bryant sexual assault case responded swiftly to defense claims that certain evidence has not been shared, saying Tuesday that attorneys for the Laker guard are trying to taint the jury pool.

Prosecutor Dana Easter commented on the 21 items requested a day earlier by the defense in a point-by-point court filing. Legal experts said the battle over evidence could delay the scheduled testimony of the 19-year-old accuser March 24.

Judge Terry Ruckriegle must decide what evidence known to the prosecution the defense is entitled to under the legal concept known as discovery. The judge could issue a written ruling before next week’s hearing or discuss the matter with attorneys at that time.

Prosecutors have given the defense several items that were requested, Easter said. Other items, such as the woman’s medical and mental health records, are not even known to prosecutors, she said.

“As the court is aware, since we have been in hearing for three days in this matter, the victim has not waived any privileges,” Easter wrote. “The people do not have any right to privileged medical records or charts.”

Easter said prosecutors have no knowledge of drug or alcohol use by the woman and that “it is inappropriate for the defense to demand this information in a publicly filed document.”

Furthermore, Easter said prosecutors have no knowledge of the woman’s stay at a rehabilitation facility. She suggested that the defense violated federal health privacy laws by obtaining information about the woman’s medical treatment.

If Bryant’s accuser plans to file a civil suit or write a book, prosecutors do not know about it, Easter said. And the only money the woman has received is from the Colorado Crime Victims Compensation Fund as reimbursement for psychological counseling.

“There was no compensation of any kind paid by the district attorney’s office,” Easter said.

Bryant is accused of raping the woman June 30 at a mountain resort. He says they had consensual sex.