雖然不是什麼太意外的事 (若成判例影響層面會很廣), 但對 Kobe 和他的律師團隊來說可
不是什麼好事...不過被禁止的是女方的就醫紀錄, 其他資料若能證明辯方的說法仍可使用
.下面是節錄過後的文章.
(by steve henson, latimes)
In his first major pretrial ruling, the judge in the Kobe Bryant sexual
assault case Wednesday denied the defense access to medical records pertaining
to two alleged suicide attempts by the Laker star's accuser.
After three days of hearings that began in January and a parade of witnesses,
Colorado District Judge Terry Ruckriegle ruled that the 19-year-old woman had
not waived physician-patient privilege by discussing her treatment with others.
"The court finds that the victim did not give consent to disclosure of this
privileged information, nor did she explicitly or implicitly waive the confi-
dentiality of the communications contained in those records," Ruckriegle wrote
in the 10-page order.
Legal experts said the ruling was not a surprise and that upcoming decisions
involving exceptions to the rape-shield law and the admissibility of statements
Bryant made to investigators will be far more important to the case. Colorado
law and recent federal legislation limit the conditions under which medical
care providers can release information about a patient's treatment.
The Colorado Supreme Court ruled two years ago that judges cannot examine
medical records without consent.
"This was a longshot by the defense and it was not of great evidentiary value
," said Larry Pozner, a Denver attorney who has followed the case closely.
"What Ruckriegle denied was a set of records that would have been useful in
showing her diagnosis. That's all the defense lost."
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