The gamecock. (Columbia, S.C.) 1908-2006, January 12, 2004, Page 10, Image 10
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PHOTO COURTESY OF KRT CAMPUS
The Knicks’ Allan Houston tries to get by the Lakers’ Kobe Bryant in the first quarter of their
game at Madison Square Garden in New York City on Nov. 19, 2003.
Bryant’s prosecutors
want private hearing
BY JON SARCHE
THE ASSOCIATED PJiESS
DENVER — There is no way to
hold public court hearings on the
medical records of Kobe Bryant’s
alleged sexual assault victim with
out violating her privacy rights,
lawyers for the prosecution and
the woman say in court filings.
The NBA star’s attorneys want
access to the woman’s medical
records because they contend they
will prove that she engaged in a
pattern of dangerous acts — in
cluding suicide attempts — to gain
the attention of her ex-boyfriend.
A Jan. 23 hearing is expected to
center on the issue, and media or
ganizations, including The
Associated Press, have argued
that the public should be allowed
at the proceeding.
In filings made public late
Friday, prosecutors, a lawyer for
the alleged victim and lawyers for
a victim’s advocacy center said
the hearing and the medical
records should remain private.
They argued that privacy rights
regarding medical or mental
health records are absolute unless
they are-waived.
“There is little if any benefit to
public access to this proceeding
aside from satisfying mere cu
riosity,” wrote John Clune, an at
torney for the alleged victim.
Bryant’s lawyers contend the
19-year-old woman indirectly
waived her medical-record priva
cy rights by talking to others
about her health and treatment.
But they also want to block media
coverage of the hearing, as well as
another scheduled for February
that is expected to focus on
whether Bryant’s statements to
police were obtained illegally and
therefore inadmissible at trial.
The media attorneys have ar
gued for keeping both hearings
open, saying that much of the in
formation already has been pub
lished or broadcast, and that hear
ings can be conducted without re
leasing sensitive information.
Bryant, 25, faces four years to
life in prison or 20 years to life on
probation if convicted of felony
sexual assault. The Los Angeles
Lakers star has said he had con
sensual sex with the woman June
30, when he stayed at the moun
tain resort where she worked. No
trial date has been scheduled.
In another filing, prosecutors
said Colorado’s rape shield law,
which generally prevents defense
attorneys from bringing up an al
leged victim’s prior sexual con
duct, is constitutional even though
it allows such information into a
trial if it is determined relevant.
Bryant’s lawyers have argued
that the shield the law violates a
defendant’s constitutional right to
equal protection, but prosecutor
Dana Easter wrote that the law
has been upheld in previous rul
ings.
It was unclear when State
District Judge Terry Ruckriegle
would hear arguments or rule on
the constitutionality of the rape
shield law. Two other hearings are
scheduled in March.
I
James Madison University
to offer ‘morning after’ pill
THE ASSOCIATED PRESS
HARRISONBURG, VA. - The
James Madison University Board
of Visitors voted Friday to re
sume dispensing the “morning
after” birth control pill at the
school’s student health center.
The board had voted last April
to stop on-campus distribution of
emergency contraceptive pills.
However, Democratic Gov. Mark
R. Warner appointed successors
to five board members whose
terms expired at the end of June,
providing enough votes to re
verse the earlier decision.
The pill, which can be taken
up to 72 hours after intercourse,
inhibits ovulation, implantation
and fertilization of the woman’s
egg. The U.S. Food and Drug
Administration classifies the pill
as a contraceptive, but opponents
consider it a form of nonsurgical
abortion.
"It comes as no surprise that
the governor’s self-picked politi
cal patrons have reversed a deci
sion that was intended to protect
the health of young women,” said
Victoria Cobb, a lobbyist for the
conservative Family Foundation.
Ben Greenberg, a lobbyist for
Planned Parenthood Advocates
of Virginia, praised the decision.
"Those who oppose women’s
access to emergency contracep
tion are trying to blur the lines
between birth control and abor
tion,” he said.
Stephen Leeolou, a board
member, said it was not for the
university to decide whether the
medication is a contraceptive or a
a method of abortion. The board ^
should regard the pill as a legally
sanctioned drug, he said.
Air Force Reserve to promote
Sanford to captain this month
THE ASSOCIATED PRESS
CHARLESTON - Gov. Mark
Sanford is getting a promotion in
the Air Force Reserve.
His commanding officer said
Friday that Sanford’s rank will
go to captain from lieutenant by
the end of the month, even
though the governor hasn’t com
pleted all the training required
to become a fully qualified medi
cal administration officer in the
Air Force Reserve’s 315th
Aeromedical Evacuation
Squadron.
“He attends drills once a
month and is doing what we’ve
asked him to do,” said Col. Gary
Cook, commander of the 315th
Airlift Wing at Charleston Air
Force Base. Cook said the pro
motion is routine.
About 40 percent of the 315th
Wing has been called to active
duty during the past year, but
Sanford hasn’t been called up.
The governor’s status as a
member of the Reserve is being
challenged in court because the
South Carolina Constitution says
a sitting governor cannot hold
any other office or commission
except in the militia. The state
Supreme Court hasn’t ruled in
that case.
Sanford joined the Air Force
Reserve in January 2002 about
two months before he filed to run
for governor. He has defended his
decision saying being in the
Reserve makes him a better gov
ernor and father to his four sons.
Last April, Sanford complet
ed two weeks of training at
Maxwell Air Force Base, Ala.,
for officers who receive direct
commissions.
He has said he is working on a A
correspondence course designed ™
to train him as a medical admin
istrator. A final portion of the
course must be completed at a
base in San Antonio. Reserve
spokesman Kenny Pruitt said
Sanford’s name did not appear on
any schedule for training in
Texas.
www.dailygamecock.com
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