Alleged victim’s medical records sought | VailDaily.com
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Alleged victim’s medical records sought

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Defense attorneys have requested medical records about a hospital stay last February in the Northern Colorado Medical Center in Greeley by Bryant’s alleged victim.

But in a motion filed last Friday, attorneys for the hospital say those records fall under doctor-patient privilege, which they say are protected under state law. They’re asking that Eagle County Court Judge Fred Gannett not require them to hand over those records.

The request stems from an incident Feb. 25. According to campus police at the University of Northern Colorado, where the alleged victim was a student at the time, she overdosed and was taken by ambulance to the Northern Colorado Medical Center at 9 p.m.. Authorities said they had her transported to the medical facility because they thought she was a danger to herself.

Hospital attorney Michael McConnell said the alleged victim’s legal rights are that those records not be made public without her permission. He wrote in his motion that the “victim intended to assert all her legal rights to the confidentiality of such records, did not authorize providing such records to anyone, including the court, and objected to the subpoenas.”

Appealing order

Media organizations filed a notice Tuesday that they will appeal a decision by Gannett that most of the records in the Bryant case will remain sealed.

Gannett’s ruling opens only Bryant’s arrest warrant and some related documents.

Media attorney Chris Beall said court records can remain sealed from the public only if there is a compelling reason. Beall also said that Bryant waived his right to privacy when he declared his innocence at a news conference hours after he was charged with sexual assault.

Prosecutors have said they will not appeal. Bryant’s attorneys have made no such commitment.

In his ruling, Gannett said he wanted to protect Bryant’s right to a fair trial and the privacy of the woman who accused the Los Angeles Lakers guard of raping her June 30 at the Lodge at Cordillera.

The arrest and search warrant affidavits, sealed since Bryant’s arrest, contain statements describing graphic details of the alleged sexual encounter, medical test results, evidence that could be challenged in court and statements from potential witnesses, Gannett said.


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