Psychologist Subpoenaed

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A military judge has issued an arrest warrant for a Colorado Springs therapist who refused to provide records of counseling sessions with an Air Force Academy cadet who said she was raped.

Therapist Jennifer Bier counseled former cadet Jessica Brakey -- whose case came to light in 2003 during the sexual assault scandal at the academy. She has refused to turn over her records in the case against airman Joseph Harding -- accused of sexually assaulting two women while at the academy.

Bier's attorney -- Wendy Murphy of Boston -- says she'll seek an emergency order Tuesday in federal court in Texas to prevent her client's arrest. She's not sure if the court can exercise jurisdiction in the case.

Murphy has worked with sexual assault victims for more than a decade and calls the arrest warrant "unprecedented." Every state has laws maintaining the confidentiality of mental health records -- although the extent of protection varies. The military also offers some protection but allows exceptions.

Harding's lawyers have argued that their client's right to fair trial trumps Brakey's right to privacy