Celebrity Justice

[other]

Why is the accuser's identity protected? Why are the 911 tapes not released?

Don't these actions restrict the ability of the presumed innocent accused from defending himself? Someone with exculpitaory evidence might not come forward because the accusers name is not public.





Bryant Accuser's Name Posted by Mistake
Tue Sep 16, 8:48 PM ET Add Top Stories - AP to My Yahoo!


By JON SARCHE, Associated Press Writer

DENVER - The name of Kobe Bryant's accuser was mistakenly posted on a state court Web site on Tuesday as part of a legal filing in the case.


AP Photo


AFP
Slideshow: NBA Star Kobe Bryant




The subpoena showing the 19-year-old Eagle woman's name and address was left up for about an hour. Court staffers then removed the filing from the site and reposted it with the personal information blacked out.


State courts spokeswoman Karen Salaz said it was unclear how the error was made, but said court staffers are responsible for blacking out such information in public filings.


The alleged victim's identity has been previously disclosed on various Internet sites and on a radio talk show heard in 60 cities.


In another filing Tuesday, the Vail police department balked at turning over 911 records to Bryant's attorneys Tuesday, saying it would be violating a court order issued in the sexual assault case against the NBA star.


An attorney for the department asked Eagle County Judge Frederick Gannett to quash a subpoena served by Bryant's attorneys seeking the sealed records.


The judge, who has a number of motions before him in the case against the NBA superstar, did not immediately issue a ruling.


Earlier this month, a state judge rejected a Vail Daily newspaper request to release the 911 records, saying the "intensely personal" material would subject the 19-year-old accuser to harassment and abuse.


The Vail paper wanted any 911 records made from the accuser's home this year. Vail police handle emergency calls for the Eagle County sheriff's office and Eagle police.


Bryant, 25, is charged with raping the woman June 30 in his suite at a mountain resort where she worked and he was a guest. Bryant has said the two had consensual sex.


Bryant is scheduled to appear for an Oct. 9 preliminary hearing at which Gannett will decide whether the Los Angeles Lakers (news) guard will stand trial.


An attorney for the accuser asked Gannett to deny a defense request for a hearing before Oct. 9 on whether she has waived her privacy rights on medical records.


Attorney John Clune said the material could be used only to attack the woman's credibility, which is not relevant at a preliminary hearing unless other testimony is determined "wholly implausible."


Defense attorneys Pamela Mackey and Hal Haddon are seeking medical records from a clinic in Eagle, a hospital in Greeley and the student health service at the University of Northern Colorado in Greeley, where the woman was a freshman last year. They say the documents would help the judge evaluate the accuser's credibility.


Prosecutors and Clune are fighting that request, along with a defense attempt to force the accuser to testify in person Oct. 9.


Meanwhile, Gannett set a Monday deadline for written arguments on:


_A defense request to close the preliminary hearing to the public.





_A prosecution request to quash the subpoena seeking the woman's appearance at the preliminary hearing.

_A media request to authorize internal audio and video transmissions of the preliminary hearing to an "overflow" courtroom.


(http://story.news.yahoo.com/news?tmpl=story&cid=514&e=10&u=/ap/20030917/ap_on_sp_ba_ne/bryant_case_2)

[Traci]

State courts spokeswoman Karen Salaz said it was unclear how the error was made, but said court staffers are responsible for blacking out such information in public filings.

So -- just pay attention to which court staffer goes to Hawaii on vacation this year on his or her 30k a year salary.

[other]

State courts spokeswoman Karen Salaz said it was unclear how the error was made, but said court staffers are responsible for blacking out such information in public filings.

So -- just pay attention to which court staffer goes to Hawaii on vacation this year on his or her 30k a year salary.

It's much easier to suspect incompetence rather than consipiracy. I hardly think anyone who didn't already know her name found out.

[Maine-iac]

Why is the accuser's name protected?

Because of the rape shield laws. It has nothing to do with Kobe Bryant. The idea is that public exposure of their name may shame a rape victim, making them reluctant to report the crime.
I doubt that bribery rather than stupidity is the reason for the release in this case, since the media already knows the woman's name due to earlier leaks. The mainstream press is refusing to publish it, but the sleazy tabloids have already.

Why are the 911 tapes not being released?

Because there is an open question as to whether they are relevant to the case or not. They are not calls related to this incident, but prior calls made by or regarding the accuser. The defense says they speak to state of her mental health. The prosecution says they have nothing to do with the rape, and it would be an invasion of privacy to release them. Until that is resolved, no release. Even if they are ruled relevant, I would think they might be held for awhile so as not to prejudice a potential jury.

[other]

Since the case boils down to he-said she-said (ok there may be some physical evidence but probably not that significant), the verdict will rest on the credibility of the two witnesses. How can the defense assasinate the accuser as potentially unstable without being able to delve into her mental history? The historical evidence is totally relevant since credibility is going to be the key issue. Will you choose to believe the accused or the accuser? And how do you make the decision without all the historical evidence. Sure the history is irrelevant to the crime (if committed) but is totally relevant to the credibility of the witness.

[Maine-iac]

The court may very well decide that way in the end, but until they do, the tapes should stay buried.

It's a tricky call for the court, because you can't use as evidence that
- the accused is a slut, or
- the accused is a wacko

because rape is still rape even if that were true, and smearing the victims reputation in court, again, discourages reporting of the crime.

However, you CAN introduce evidence that the accused is a liar. Since there can be a lot of overlap between wacko and liar, the court has a tough call to make.

[Melanie Haber]

It's a tricky call for the court, because you can't use as evidence that
- the accused is a slut, or
- the accused is a wacko
Smaine-iac, I think you mean "accuser"?

Anyway, "Thank God!", I say!

[Traci]

the media already knows the woman's name due to earlier leaks. The mainstream press is refusing to publish it, but the sleazy tabloids have already

Oh -- I haven't really been following this -- so scratch what I said then.

Just another incidence of sloppy workmanship. :roll: