Bryant’s attorneys seek hearing on medical records
Bryant’s attorneys, Pamela Mackey and Harold Haddon, asked that Eagle County Court Judge Fred Gannett hold a hearing to determine whether the defense should be given the records before Bryant’s Oct. 9 preliminary hearing. That’s when Gannett will rule if the case will be bound over for trial in District Court.
“The accuser is the only eyewitness to the events, other than the defendant,” Mackey wrote in the motion filed Monday. “Her credibility is central to the determination of probable cause. Because of the importance of the accuser’s testimony to a finding of probable cause, the defense should be permitted to test her credibility as fully as possible, even at this preliminary stage.”
District Attorney Mark Hurlbert has argued that the records fall under the legal realm of patient-doctor confidentiality and should not be made available unless the alleged victim decides to release them.
John Clune, the alleged victim’s attorney, said she has no intention of doing anything of the sort.
Mackey and Haddon subpoened the Northern Colorado Medical Center in Greeley, the student health services center at the University of Northern Colorado and the Eagle Valley Medical Center in Eagle, demanding the alleged victim’s medical records. The defense’s demand stems from the alleged victim’s two overdoses on pills, once last February while a freshman at the University of Northern Colorado, and again in late May at her parents’ home in Eagle County.
Bryant is charged with felony sexual assault for allegedly raping the 19-year-old Eagle woman June 30 at the Lodge and Spa at Cordillera. She was an employee at the hotel. He said the sex was consensual. She reported to the authorities the next day that she had been raped.
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