Legal Battle

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Attorneys for a civilian rape counselor are pressing their efforts to quash a military subpoena demanding the counselor turn over records of her sessions with an alleged sexual assault victim.

The military trial of an Air Force Academy graduate accused of raping the woman is still on hold. The judge shelved the rape charge last month because Colorado Springs therapist Jennifer Bier refused to turn over the records.

The court-martial on the remaining charge of indecent assault was halted after prosecutors appealed the decision to split the charges.

One of two women who've accused First Lieutenant Joseph Harding of sexual assault went to Bier for counseling. Harding's attorneys say they need access to Bier's records to ensure a fair trial for their client

Bier says the records are confidential and won't turn them over despite a warrant for her arrest.

Two federal civilian courts denied Bier's request for an emergency review of her case. A lawsuit arguing that the records shouldn't be introduced as evidence in any court is still pending.