Kobe Team Eyes Accuser's History

Kobe Bryant's lawyers have subpoenaed a Colorado hospital to see his accuser's medical records — the first indication they might make her mental health an issue if the sexual assault case against the basketball star goes to trial.

The subpoenas were disclosed in a court filing by a Greeley hospital where the 19-year-old accuser was treated in February after police at the University of Northern Colorado determined she was a "danger to herself."

Campus police have refused to say whether the woman attempted suicide, saying only that the hospitalization was for a mental health issue.

Attorneys for the North Colorado Medical Center and its psychiatric care center asked a judge to quash the subpoenas and destroy the records already sent to him, citing medical privacy laws.

Medical center attorney Mike McConnell said there are legal provisions for giving medical records to attorneys in criminal cases, and the hospital wants to make sure it is taking the required steps.

The woman's attorney has told the hospital she has "explicitly not waived her medical privilege," according to the filing.

Calls to the accuser's attorney and Bryant's defense team were not returned Tuesday.

Bryant, 25, is charged with sexually assaulting the 19-year-old Colorado resort employee June 30. The Los Angeles Lakers star has said the sex was consensual. An Oct. 9 hearing will determine whether there will be a trial.

Information about the woman's mental health might never be presented to the jury if the case goes to trial, a legal expert said.

"Whether that would be allowed depends on whether there's anything else there other than (attempted) suicide, some other indication of mental instability or something that would point toward her being an unreliable observer or witness," said Christopher Mueller, a professor at the University of Colorado law school.

Meanwhile, an Iowa college student pleaded innocent in Denver federal court Tuesday to making a death threat against Bryant's accuser in a profanity-laced telephone message last month.

John Roche, 22, said nothing in court and ignored reporters outside. He remains free on $250,000 bail.

U.S. Magistrate Patricia Coan barred Roche from drinking alcohol and limited his travel to Colorado and to Iowa, where he attends the University of Iowa. A Nov. 3 trial was scheduled before U.S. District Judge Walker Miller.

Roche's attorney, Nathan Chambers, said there was a good chance of a plea bargain, but he would not elaborate. If convicted, Roche could get up to five years in prison and a $250,000 fine.

A friend of Roche has said Roche is a "sports fanatic" who had been drinking all day at a golf tournament when he allegedly made the call.

Some Web sites have disclosed the identity of Bryant's accuser, and the judge in the case has said some letters sent to authorities included death threats. Also, the father of Bryant's accuser has called police at least twice in recent weeks to report suspicious incidents.

Also Tuesday, a group of news organizations said they intend to appeal Eagle County Judge Frederick Gannett's order to withhold from the public most of the detailed court records of the case. Attorney Chris Beall, whose clients include The Denver Post, CNN and NBC, has said court records can remain secret only for a compelling reason.

Prosecutors have said they will not appeal Gannett's order. Bryant's attorneys have not indicated their plans.