From The L.A. Times:
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 confidentiality of the communications contained in those records," Ruckriegle wrote in the 10-page order.
Experts are saying that the medical records aren't really all that important to Bryant's defense. I disagree.
It has been alleged that Bryant's accuser has attempted suicide in the past and may have certain mental disorders including being bipolar. This information has been learned from several of her friends who have heard her speak of such an illness and witnessed her taking of medication for it.
If Bryant's accuser is bipolar it would go a long way toward explaining some of her actions. Why, you ask? Read this excerpt from the National Institute of Mental Health:
Bipolar disorder causes dramatic mood swings--from overly "high" and/or irritable to sad and hopeless, and then back again, often with periods of normal mood in between. Severe changes in energy and behavior go along with these changes in mood. The periods of highs and lows are called episodes of mania and depression.
Signs and symptoms of mania (or a manic episode) include:
Increased energy, activity, and restlessness
Excessively "high," overly good, euphoric mood
Extreme irritability
Racing thoughts and talking very fast, jumping from one idea to another
Distractibility, can't concentrate well
Little sleep needed
Unrealistic beliefs in one's abilities and powers
Poor judgment
Spending sprees
A lasting period of behavior that is different from usual
Increased sexual drive
Abuse of drugs, particularly cocaine, alcohol, and sleeping medications
Provocative, intrusive, or aggressive behavior
Denial that anything is wrong
A lasting period of behavior that is different from usual? Increased sexual drive? Provocative, intrusive or aggressive behavior? Poor judgment? If Bryant's accuser does have this sickness then it should be brought out in court so that the jury can consider it when deciding Kobe's fate. Unfortunately, yesterday's ruling may have ensured that such a disclosure isn't going to happen.
I appreciate the fact that Kobe's accuser should have the right to protect her privacy, but Kobe is on trial for his life in this case. If there is medical information out there that could help explain why this incident happened then the jury should be allowed to hear it.
