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Kobe Bryant Denied Accuser's Medical Records

The Judge in the Kobe Bryant case today denied Kobe's request for his accuser's medical and psychological records. The issue was whether the accuser waived her privilege in the documents by talking about her treatment with other people.

Larry Pozner, past president of the National Association of Criminal Defense Lawyers, said the defense still can seek testimony from people who have direct knowledge about the woman's purported suicide attempts and prescription drug use. "The defense has a bathtub full of evidence on her suicide attempts that is not in the medical records – it's just plain old-fashioned (eyewitness) testimony," Pozner said.

The Judge has not ruled yet on whether Kobe can introduce evidence of the accuser's other sexual encounters that allegedly occurred around the same time as the incident with Kobe. Kobe's defense is arguing that these acts, rather than acts with Kobe, maybe the cause of any claimed injuries. Hearings on the rape shield law and the suppression of Kobe's statements will resume Monday and Tuesday. Wednesday there will be hearings on a defense request for discovery and the accuser's request to set a trial date.

You can read the Judge's ruling here. (pdf)

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