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Kobe Brant: Judge Won't Make Accuser Testify at Preliminary Hearing

Key rulings came down in the Kobe Bryant case today:

The Judge will not allow the defense to call the accuser at the preliminary hearing. The Prosecution has agreed not to introduce the accuser's videotaped statement.

The preliminary hearing will be open. However, the Judge will entertain motions to close parts of it. The parties will meet with the Judge just before the hearing to discuss this.

The Judge refused a defense request for the accuser's prior medical records, saying the request should be made later before the trial judge. (This judge loses jurisdiction over the case once it's bound over for trial after the preliminary hearing or waiver of preliminary hearing.)

The Judge also set a telephone status conference two days before the preliminary hearing. We suspect that is for the defense to advise the Court if they still wish to go forward with a preliminary hearing. Without the accuser's availability for cross-examination, we see no benefit to a preliminary hearing. We think the defense will waive it. Or seek a stay while it appeals today's decisions to a higher court.

We will be discussing these developments tonight with Dan Abrams on MSNBC's Abrams Report (9 - 9:30 pm ET.)

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