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Kobe's Defense Argues for Including Medical Records
Aired January 23, 2004 - 13:16 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, ANCHOR: Now the closed-door courtroom drama, Eagle, Colorado, confidential. Should Kobe Bryant's lawyers be allowed to cite the medical records and sexual history of the woman who claims Bryant raped her?
CNN's Josie Burke outside the courthouse with the latest pretrial controversy -- Josie.
JOSIE BURKE, CNN CORRESPONDENT: Kyra, even before this morning's hearing got underway, officials here in Eagle County caught people off-guard, and they did it on purpose.
They allowed Kobe Bryant to avoid the main entrance of the Eagle County courthouse and instead go in through a side door. Afterward, a spokeswoman for the Eagle County Sheriff's Department explained this change in procedure.
(BEGIN VIDEO CLIP)
KIM ANDREE, EAGLE COUNTY SHERIFF'S DEPARTMENT: From this day forward, the arrival and departure of the victim and her family, Mr. Bryant, and his defense team will no longer be a matter of public record.
The lack of regularity in scheduled departures and arrivals will only serve as continued safety for those involved in this case.
(END VIDEO CLIP)
BURKE: Bryant did eventually make his way into courtroom number one for what everyone expects to be a very long day.
There are ten items on the agenda in front of Judge Terry Ruckriegle. Perhaps the most crucial is that motion by the defense to gain access to the accuser's medical and mental health history. That's going to be conducted behind closed doors.
The defense has subpoenaed a number of witness, including the accuser's mother. They're trying to argue the point that, by speak publicly to family and friends, she waived her right to privacy.
(BEGIN VIDEO CLIP)
LARRY POZNER, CRIMINAL ATTORNEY: What the defense is saying is something that's secret stops being a secret when you tell people about it. You've said to the world, I don't mind if you know. And so the defense wants to say to the judge, we have evidence that she has revealed publicly confidential material and, once revealed, it's no longer confidential.
(END VIDEO CLIP)
BURKE: The court has been in session for a couple of hours now. The judge has made it through the first four items on the agenda. And he's doing this in an open courtroom with the public and media in attendance.
Perhaps the most significant thing to come out of this morning's proceedings is the fact that the defense and prosecution have said that they're will to share evidence that needs to be tested scientifically.
And maybe the most interesting thing to come out this morning is that the judge went out of his way to say that both the prosecution and the defense say they want this case to proceed expeditiously.
But he has more filings in this case then he did for a death penalty case that he presided over, and that case took 18 months to conclude -- Kyra.
PHILLIPS: Josie Burke, Eagle, Colorado. Thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired January 23, 2004 - 13:16 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, ANCHOR: Now the closed-door courtroom drama, Eagle, Colorado, confidential. Should Kobe Bryant's lawyers be allowed to cite the medical records and sexual history of the woman who claims Bryant raped her?
CNN's Josie Burke outside the courthouse with the latest pretrial controversy -- Josie.
JOSIE BURKE, CNN CORRESPONDENT: Kyra, even before this morning's hearing got underway, officials here in Eagle County caught people off-guard, and they did it on purpose.
They allowed Kobe Bryant to avoid the main entrance of the Eagle County courthouse and instead go in through a side door. Afterward, a spokeswoman for the Eagle County Sheriff's Department explained this change in procedure.
(BEGIN VIDEO CLIP)
KIM ANDREE, EAGLE COUNTY SHERIFF'S DEPARTMENT: From this day forward, the arrival and departure of the victim and her family, Mr. Bryant, and his defense team will no longer be a matter of public record.
The lack of regularity in scheduled departures and arrivals will only serve as continued safety for those involved in this case.
(END VIDEO CLIP)
BURKE: Bryant did eventually make his way into courtroom number one for what everyone expects to be a very long day.
There are ten items on the agenda in front of Judge Terry Ruckriegle. Perhaps the most crucial is that motion by the defense to gain access to the accuser's medical and mental health history. That's going to be conducted behind closed doors.
The defense has subpoenaed a number of witness, including the accuser's mother. They're trying to argue the point that, by speak publicly to family and friends, she waived her right to privacy.
(BEGIN VIDEO CLIP)
LARRY POZNER, CRIMINAL ATTORNEY: What the defense is saying is something that's secret stops being a secret when you tell people about it. You've said to the world, I don't mind if you know. And so the defense wants to say to the judge, we have evidence that she has revealed publicly confidential material and, once revealed, it's no longer confidential.
(END VIDEO CLIP)
BURKE: The court has been in session for a couple of hours now. The judge has made it through the first four items on the agenda. And he's doing this in an open courtroom with the public and media in attendance.
Perhaps the most significant thing to come out of this morning's proceedings is the fact that the defense and prosecution have said that they're will to share evidence that needs to be tested scientifically.
And maybe the most interesting thing to come out this morning is that the judge went out of his way to say that both the prosecution and the defense say they want this case to proceed expeditiously.
But he has more filings in this case then he did for a death penalty case that he presided over, and that case took 18 months to conclude -- Kyra.
PHILLIPS: Josie Burke, Eagle, Colorado. Thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
