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Bryant accuser checks into center



http://www.vaildaily.com/apps/pbcs.dll/article?AID=/20031125/NEWS/311250105&rs=3

Kobe Bryant's alleged victim was looking for a little privacy and had
found it until the supermarket tabloids found her.

But tabloid reports that the 19-year-old Eagle woman was suffering
from drug problems were overstated, sources said. They said that after
death threats and unrelenting pursuit by tabloids and other media, her
family made a decision to check her into a medical treatment center,
where they had hoped she could be left alone.

"It seemed like a good idea under the circumstances," a source said.
"It's still a good idea."

John Clune, the alleged victim's attorney, said he could not comment.
District Attorney Mark Hurlbert also declined to comment, saying he'll
stick with the facts of the case and that this isn't one of them.

Former Denver District Attorney Norm Early said that based on Colorado
case law, it doesn't make any difference where the alleged victim has
been, especially if the treatment is a result of her alleged sexual
assault by Bryant.

Even if the alleged victim had been seeking treatment, Early said, a
2002 case would apparently prohibit Bryant's defense attorneys from
accessing anything associated with the alleged victim's medical
records.

In the October 2002 case Early cited, People vs. Sisneros, after the
victim had been sexually assaulted she couldn't remember a detail of
the crime - a date. She went to counseling and during the course of
the counseling she remembered the date. Because of that recollection,
the defense attorneys asserted they were entitled to her medical
records.

The Colorado Supreme Court denied their request, ruling that under the
state's rape shield law, they were not entitled to those medical
records.

Denver defense attorney Craig Silverman disagreed. If it's true
Bryant's alleged victim was in a rehab center, it could be relevant,
he said.

"It matters if she was under the influence at any critical time," said
Silverman. "A critical time would be June 30, July 1, or any time she
gave a statement to law enforcement or medical personnel. Obviously,
it would be relevant if she was less than sober when she testified.

"Anything that would diminish her recollection or affect her ability
to accurately testify is fair game," he said.



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