Bryant accuser checks into center
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.
What’s the law?
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.
The alleged victim has been treated for overdoses twice in the past year: Once in late February when she was a student at the University of Northern Colorado in Greeley, and again in late May while she was living in Eagle.
Bryant is charged with one count of felony sexual assault, stemming from a June 30 incident at the Lodge and Spa at Cordillera. He allegedly raped the woman, who was working at the hotel at the time. He has said he is innocent, and that the sex was consensual.
The case has been bound over for trial. Attorneys will be back in court Dec. 19 for a motions hearing.