NBC: Kobe's lawyers
subpoena accuser

DENVER - Kobe Bryant’s attorneys have subpoenaed his accuser to appear in district court next week, NBC News reported Wednesday, citing a well-placed Eagle County source, but her attorneys are expected to file a motion to prevent her from testifying.

State Judge Terry Ruckriegle said Tuesday that attorneys should be prepared during the two-day hearing that begins Monday to discuss whether the accuser's sexual history is relevant to the basketball star's sexual assault trial.

The subpoena is not a public document, but NBC News reports that the accuser is being called to testify regarding the defense's attempts to bring her medical records into the case.

The defense has argued the 19-year-old woman had sex with two other men in the days before her June 30 encounter with Bryant at the hotel near Vail where she worked. They say those men may have caused injuries found by a nurse who examined the woman the next day.

Under Colorado’s rape-shield law, Bryant’s attorneys would be able to present evidence about the alleged victim’s sexual past only if the judge determines it is relevant.

Bryant's defense team tried to have the accuser testify at the preliminary hearing last October, but the judge presiding over the case at the time ruled she did not have to appear.

Bryant, 25, faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault. The Los Angeles Lakers star has said the woman consented to have sex with him.

The judge said he has reviewed information submitted by Bryant’s attorneys and believes it is enough to justify a hearing. To determine whether the information is relevant, he said, he will need to hear specific evidence about the woman’s sexual activity.

The judge, meanwhile, chided prosecutors for being too secretive, and said the public should be able to see at least the titles of all documents filed.

Ruckriegle said state law specifically requires public access to a register showing the general nature of documents filed in a criminal case.

A redacted register, with some words blacked out, will be posted on the state court Web site where other Bryant-related documents are available. Ruckriegle said the list will be updated weekly.

Attorneys for media organizations including The Associated Press had asked Ruckriegle last month for access to that information. The existence of some documents was unknown until Jan. 26, when a defense document referred to a sealed filing by prosecutors.

Defense attorney Hal Haddon had argued against giving the public access to the full list of filings, saying secret documents needed to be referred to only as "sealed document." Prosecutors said they had no objection to releasing a full list of documents.

Ruckriegle said state law specifically provides for the public release of such a list.

"Failure to reference the nature of the documents precludes or unnecessarily complicates any meaningful opportunity for public or media review or challenge," Ruckriegle said. "Although specific factual assertions may be prejudicial, general identification of the contested issues is typically not prejudicial and is necessary for an informed public."

Ruckriegle said he was particularly concerned about prosecutors' "lack of compliance" with his order denying their request to file under seal any documents mentioning evidence or potential evidence.

"It appears to the court that many of the documents could have been filed as a public motion with a sealed offer of proof as ordered or could also have been submitted in redacted form for public distribution," he said.

Ruckriegle said no documents can be filed secretly without either a public request to the judge, or by simultaneously filing a redacted version for public view.

Bryant, 25, faces four years to life in prison or 20 years to life on probation if convicted of felony sexual assault. He has said he had consensual sex with the 19-year-old Colorado hotel worker last June.

The Los Angeles Lakers star, whose team was in Denver for a game Wednesday, is scheduled to be back in Ruckriegle's courtroom Monday and Tuesday for a hearing into several issues, including a defense request to prevent prosecutors from using his statements to police against him.

Arguments also are expected on whether the alleged victim has given up her right to privacy of medical records and whether the defense will be able to use evidence about her sexual activity in the trial.

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