Only defense can waive prelim |

Only defense can waive prelim

While Kobe Bryant’s defense attorneys have not said whether they’ll waive the preliminary hearing, they do have that right.

According to District Attorney’s Office spokeswoman Krista Flannigan, both the District Attorney’s Office and Bryant’s defense attorneys could have petitioned the court for a preliminary hearing.

Bryant’s defense attorneys did so, while District Attorney Mark Hurlbert elected not to. That means, said Flannigan, that only the defense attorneys have the right to ask the court to cancel the preliminary hearing.

“It was not an oversight, and no one forgot to file the paperwork,” said Flannigan. “The district attorney did not feel it was necessary.”

Flannigan said she could not address Hurlbert’s reasoning until after the Oct. 9 preliminary hearing date.

Defense attorneys Pamela Mackey and Harold Haddon subpoenaed the alleged victim in the case, requesting that the court make her testify at the preliminary hearing.

Flannigan said the district attorney will ask the court to reject that request and not require the alleged victim to appear.

In a related matter, Hurlbert joined attorneys from the Northern Colorado Medical Center and the alleged victim’s attorneys in asking Eagle County Court Judge Fred Gannett to reject a defense request for medical records related to reported overdoses in February and May.

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