SPORTS
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21)
September 3,2003
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Wednesday, September 3, 2003
Lawyers file for Bryant
accuser’s medical records
By Jon Sarche
THE ASSOCIATED PRESS
DENVER — Kobe Bryant’s lawyers have sub
poenaed a hospital to see his accuser’s medical
records — the first indication they might make her
mental health an issue if the sexual assault case
against the NBA star goes to trial.
The subpoenas were disclosed in a court filing
by a hospital in Greeley where the 19-year-old
accuser was treated in February after police at the
University of Northern
Colorado determined she was a
“danger to herself.”
Campus police have refused
to say whether the woman
attempted suicide, saying only
that the hospitalization was for a
mental health issue.
Attorneys for the North
Colorado Medical Center and bryant
its psychiatric care center
asked a judge to quash the subpoenas and destroy
the records already sent to him, citing medical
privacy laws.
The woman’s attorney told the hospital she
has “explicitly not waived her medical privilege,”
the filing said.
Calls to the accuser’s attorney and Bryant’s
defense team were not returned Tuesday.
Attorneys for the hospital also did not return
a call.
Bryant is charged with sexually assaulting the
Colorado resort employee June 30. The Los
Angeles Lakers star has said the sex was consen
sual. An Oct. 9 hearing will detennine whether
there will be a trial.
Information about the woman’s mental health
might never be presented to the jury if the case
goes to trial, a legal expert said.
“Whether that would be allowed depends on
whether there’s anything else there other than
(attempted) suicide, some other indication of
mental instability or something that would point
toward her being an unreliable observer or wit
ness,” said Christopher Mueller, a professor at the
University of Colorado law school.
Meanwhile, an Iowa college student pleaded
innocent Tuesday in federal court in Denver to
making a death threat against Bryant’s accuser in
a profanity-laced telephone message last month.
John Roche ignored reporters outside the
courtroom. He remains free on $250,000 bail.
U.S. Magistrate Patricia Coan barred Roche
from drinking alcohol and limited his travel to
Colorado and Iowa. A Nov. 3 trial was scheduled.
Roche’s attorney, Nathan Chambers, said there
was a good chance of a plea bargain, but he would
not elaborate.
Some Web sites have disclosed the identity of
Bryant’s accuser, and the judge in the case has
said.some letters sent to authorities included death
threats. Also, the father of Bryant’s accuser called
police at least twice in recent weeks to report sus
picious incidents.
Roche, a University of Iowa student, is accused
of leaving a message on the woman’s answering
machine July 27. The caller threatened to assault
the woman with a coat hanger and repeatedly
vowed to kill her.
If convicted. Roche could get up to five years
in prison and a $250,000 fine.
A friend of Roche has said Roche is a “sports
fanatic” who had been drinking all day at a golf
tournament when he allegedly made the call.
Flemming to
undergo season
ending surgery
Texas A&M tight end Patrick
Flemming will undergo shoulder
surgery within the next two
weeks, which will sideline him
for the season.
This is the second time that
Flemming will have to undergo
surgery for his shoulder.
AGGIE SPORTS IN BRIEF
Aggie All-American
tries for US team
Former Texas A&M All-
American catcher Selena
Collins was chosen to compete,
along with 45 other players, for
spots on the USA Softball
Women's National Team that
will participate in the 2004
Olympics.
Collins completed her eligi
bility last season after starting
behind the plate for four years.
Collins was honored as an All-
American in 2002 and was
named the Big 12 Player of
the Year.
Tryouts began Tuesday and
will run through the week. An
initial list of 18-players will
be announced on Monday,
Sept. 8.
The official Olympic roster
consists of only 15-players;
three players selected will be
named as alternates.
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