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The way to have avoided it would have been
to allow them to call the rape counselor as a hostile witness. Then the
counselor could have asserted patient confidentiality and Bryant's lawyers
wouldn't have an appellate resource.
Unless CO has a law that says some kinds of
counselors don't have confidentiality privileges. I know in FL that
volunteer councilors do not have privilege.
Charles Mims
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Charles Sent: Wednesday, October 08, 2003 7:12 AM To: 'The Sandbox Discussion List' Subject: RE: [Sndbox] Kobe Loses Again That's going to hurt the prosecution.
See, if this thing goes to trial and he loses the appellate court will almost
assuredly reverse the conviction because if the defense isn't allowed to see the
transcript of the interview they are not being allowed to view direct evidence
against him pertaining to the case. So, let's assume he's guilty.
Let's further assume the jury finds him guilty. Because the trial judge
made such a boneheaded decision, a rapist will be set free.
Now do you all see why it is essential that
Kobe get a fair trial? If he doesn't (and he's not getting a fair shake so
far...) and he *IS* guilty, then he very likely could go free on
appeal.
Charles Mims
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Jen -- Sent: Tuesday, October 07, 2003 12:56 PM To: The Sandbox Discussion List Subject: [Sndbox] Kobe Loses Again October 7, 2003 -- Kobe
Bryant has blown it again with a Colorado judge, who slapped down his bid to
look at a sex-assault counselor's interview with the woman accusing the NBA
superstar of rape.
But Eagle County Court Judge Frederick Gannett said Bryant's lawyers now can ask for a hearing on their request for the interview notes. In a ruling made public yesterday, Gannett said such a proceeding would be overseen by a higher, district-court judge, and only if the case is approved for trial, as is expected Thursday. Gannett also threw another bone to defense lawyers, agreeing to let them immediately see training manuals, employee manuals and other training materials used by the Resource Center of Eagle County, which counsels rape victims. Bryant's lawyers last month subpoenaed the Resource Center for such records, as well as any notes taken during an interview with the 19-year-old Eagle woman who is accusing Bryant, 25, of raping her at a posh hotel on June 30. Both the Resource Center and the woman then asked Gannett to quash the subpoena, claiming such information is confidential under state law. Gannett's ruling says the issue of whether the notes should be turned over to the defense requires such a hearing, albeit one at a later date and with another judge |
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