KOBE BRYANT CASE Accuser subpoenaed to testify

The preliminary hearing is scheduled for Oct. 9.
EAGLE, Colo. (AP) -- Kobe Bryant's attorneys want his accuser to testify at next month's hearing that will determine whether the NBA star will stand trial on a sexual assault charge.
Bryant is charged with assaulting the woman, who worked at the mountain resort lodge where he stayed June 30. The Los Angeles Lakers guard has said the two had consensual sex.
Defense attorneys Pamela Mackey and Hal Haddon issued a subpoena to the woman to have her appear at the Oct. 9 preliminary hearing, prosecution spokeswoman Krista Flannigan said Tuesday.
She said prosecutors were discussing whether to ask the judge to throw out that subpoena. Such a request would not be unusual, she said. "If it were to happen, it would be pretty quickly," Flannigan said.
Neither Mackey and Haddon nor attorneys for the woman returned calls seeking comment.
Strategy
At the preliminary hearing, prosecutors will attempt to convince Eagle County Judge Frederick Gannett that Bryant might have committed the crime. If prosecutors meet that standard, Gannett would order a trial.
Defense attorneys could use any discrepancies between her testimony at the preliminary hearing and the trial to attack her credibility, former Denver District Attorney Norm Early said.
Judges tend to side with prosecutors who ask to prevent an alleged victim from testifying at a preliminary hearing because they don't want to subject her to cross-examination, said Dan Recht, past president of the Colorado Criminal Defense Bar.
Medical records
Bryant's attorneys have sought the accuser's medical records from the University of Northern Colorado's student health clinic, the North Colorado Medical Center in Greeley and the Eagle Valley Medical Center. The woman was treated earlier this year for mental health problems.
Mackey and Haddon have also issued subpoenas to the university, where the woman was a freshman last year. She has not returned to school this year. University officials would not say what records were turned over.
Prosecutors asked the judge not to release the medical records, saying they could be used in an attempt to destroy the woman's credibility during the preliminary hearing.
Privacy rights
In a court filing Monday, District Attorney Mark Hurlbert said the woman hadn't waived her medical privacy rights except in the case of records of an examination conducted the day after the alleged attack.
Also Monday, Gannett banned cameras from the courtroom during the preliminary hearing. Court TV, the Rocky Mountain News and The Denver Post had sought permission for cameras in the courtroom. Court TV attorney Richard Holme said the order cannot be appealed.