By Judith Crosson and Ellen MillerEAGLE, Colorado (Reuters) - An attorney for the woman who has accused basketball star Kobe Bryant of rape pleaded with the trial judge on Friday to keep information about the woman's mental health and sexual history out of public scrutiny.
Bryant's defense attorneys have issued a barrage of subpoenas to the woman's mother, friends and clinics that treated her to expose what the defense has called a history of attempted suicide and attention seeking.
The defense has argued that the 19-year-old woman, who said Bryant raped her on June 30 at a posh Colorado mountain resort, waived her right to keep her medical data confidential when she spoke about it to third parties, including her mother.
Prosecutors and the woman's attorney asked Eagle County District Judge Terry Ruckriegle to hold a hearing in his chambers on whether the woman lost her privilege rather than in open court to protect her privacy in the high-profile case.
"This is one of the largest cases of media exposure in the history of American jurisprudence," the woman's attorney, John Clune, told the judge.
If Ruckriegle did rule the woman had not waived her privacy privilege, Clune argued, damage would already have been done because her private information had been aired in open court.
"It would not do the victim, any victim or potential victims in Colorado, any good if the judge (in the end) says she has not waived her privilege," Clune said.
The issue of the woman's medical history is one of several crucial points in the upcoming trial because it will determine whether the jury will learn about a range of information from her two suicide attempts to who leaked DNA evidence suggesting she had sex after the incident.
Bryant has denied the rape and has said the sex with the woman, who worked as a concierge at the resort, was consensual.
Media attorney Tom Kelley, hired by news outlets who want to keep the hearing open, argued that much of the information was already in the public domain because her sexual history was discussed in a previous hearing and widely reported.
But assistant prosecutor Ingrid Bakke called such a characterization "insensitive." She said every time the woman's picture appears on the cover of a supermarket tabloid, it has a negative impact on all victims, and she added the court "must regard the future impact on potential victims."
Bryant, a star with the Los Angeles Lakers, attended the hearing wearing a turtle neck sweater and houndstooth jacket and listened closely as the legal arguments rolled back and forth.
In one early ruling, Ruckriegle rejected a request by prosecutors' to investigate a leak to the media about DNA evidence that suggests Bryant's accuser had sex with another man after the incident. Ruckriegle said he doubted such a probe would be productive.
"I hesitate to speculate where those sources come from. It could be someone inside or outside the law enforcement sector," he said. "There is not even enough evidence in front of this court to order an investigation."
The judge also suggested the parties work out a way for defense experts to be present at a forensic laboratory during tests by authorities that could destroy tiny samples of DNA taken from clothing of Bryant and the woman.
Eagle County District Attorney Mark Hurlbert had said the state's crime laboratory barred outside experts from observing some tests. Defense lawyers argued that their experts must be present in case the samples were destroyed.