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LRB
10-17-2003, 02:19 PM
Hospital accidentally sent accuser's records (http://sports.espn.go.com/nba/news/story?id=1640277)

Associated Press
DENVER -- Kobe Bryant's attorneys asked a judge Friday for more time to respond to a request from a Glenwood Springs hospital to destroy some medical records of the NBA star's accuser that were mistakenly turned over to them.


In a court filing, defense attorney Hal Haddon apparently acknowledged having the records, which Valley View Hospital asked prosecutors and defense attorneys to destroy. Prosecutors already have destroyed the records.


In a response to a subpoena, the hospital gave prosecutors medical records detailing the woman's examination after the alleged attack and, by mistake, records from an earlier visit. Prosecutors passed all the records on to Bryant's lawyers as part of the normal exchange of evidence. The details of the records have not been made public.


Hospital attorney Michael McConnell said Friday he did not know whether Bryant's attorneys had destroyed the records. He said he did not object to giving them until Oct. 27, an additional week, to respond to the hospital's request.


Mackey's voice mail said she would not return reporters' calls. The judge has issued a gag order prohibiting those involved in the case from commenting.


Eagle County Judge Frederick Gannett earlier threw out subpoenas issued by Bryant's attorneys for the woman's medical records, saying if the case goes to trial, the trial judge should determine whether those records should be turned over.


Haddon said in his filing that he could not meet the initial Oct. 20 deadline to reply to the hospital's request and asked for an additional week to reply. He said McConnell did not object to the request.


Bryant, 25, who is free on $25,000 bond, faces up to life in prison if convicted of the single count of felony sexual assault against him. He has said he and the woman had consensual sex while he stayed at the mountain resort in Edwards where she worked.

Drbio
10-17-2003, 02:39 PM
There is usually no "accident" when something like this happens. Someone knew it was happening.

Rod1975
10-17-2003, 03:15 PM
The Judge will throw out anything inadmissible anyway, but this is a freeking stupid thing to have happen.
Her medical history has nothing to do with wether or not Kobe forcibly violated her.

Chiwas
10-17-2003, 03:45 PM
An accident, just like the rape.

(With every event against the girl, I'm more against Kobe)

LRB
10-17-2003, 03:59 PM
Originally posted by: Rod1975
The Judge will throw out anything inadmissible anyway, but this is a freeking stupid thing to have happen.
Her medical history has nothing to do with wether or not Kobe forcibly violated her.


Trouble is that the defense might "accidentally" leak something to the press in her records. Or accidentally mention it in court. Of course the judge would surpress it and ask the jury to ignore it. But the genie would be out of the bottle. Bottomline Kobe's lawyers are violating this girl's right to privacy by keeping the records and not destroying them.

And I agree with Doc that this was almost assuredly no accident. Kobe's defense team had been trying to get those records for weeks.

And Chiwas the more I hear the more I despise Kobe and his lawyers. They are using every legal trick and loophole to win and are probably using several illegal tricks as well. Let's just hope they get caught and punished on the illegal stuff.

Big Boy Laroux
10-17-2003, 04:11 PM
just like kobe's lawyer "accidentally" mentioned the girl's name SIX times.

MavsFanFinley
10-17-2003, 04:39 PM
Like they haven't gone over every line of those records already.

How are they getting away with this? Accident or not, they were denied those records, weren't they? Why is it they can be asking the judge for more time to respond to the request to destroy said records?

There will be leaks for sure and Mackey will accidently say something here or there and get a slap on the wrist at best. Too late, though, damage done.

Shaq Attack2
10-17-2003, 04:50 PM
Uh, am I missing something:

"Prosecutors passed all the records on to Bryant's lawyers as part of the normal exchange of evidence."

It's mandatory that each side let their opposition read their files, so I don't see the problem (or maybe I misread something?).

MavsFanFinley
10-17-2003, 05:02 PM
In a response to a subpoena, the hospital gave prosecutors medical records detailing the woman's examination after the alleged attack and, by mistake, records from an earlier visit.

Eagle County Judge Frederick Gannett earlier threw out subpoenas issued by Bryant's attorneys for the woman's medical records, saying if the case goes to trial, the trial judge should determine whether those records should be turned over.

The prosecution had already requested previous medical records of the victim and were denied. They've been asked to destroy those records, along with the defense, but are asking for more time before doing so.

Is there any doubt why they're asking for more time to destroy those records?

Big Boy Laroux
10-17-2003, 05:06 PM
gotta make a quick trip to kinko's first...

LRB
10-17-2003, 05:24 PM
Originally posted by: Shaq Attack2
Uh, am I missing something:

"Prosecutors passed all the records on to Bryant's lawyers as part of the normal exchange of evidence."

It's mandatory that each side let their opposition read their files, so I don't see the problem (or maybe I misread something?).

Neither side has the legal right to read those files. The Prosecution won't be using them and has no need for them. The defense had been denied those records by a judge.

There is a huge problem here. A woman's rights are being violated. The defense is refusing to destroy files that they have no legal right to possess.

The defense does have a right to the records pertaining to the case, but not all the woman's hospital records.