A counselor facing arrest for refusing military lawyers' requests for records of her sessions with a former Air Force Academy cadet who says she was raped is asking another court for help.
Civilian counselor Jennifer Bier cited therapist-patient privilege in refusing to turn over the records for a court-martial for a former cadet charged with rape.
Today her attorney asked the Tenth U.S. Circuit Court of Appeals for an emergency review, saying the Constitution and Supreme Court rulings are on Bier's side.
They went to the appeals court after a federal judge in Denver this week refused to block Bier's arrest.
That judge said the alleged rape suspect's right to confront his accusers trumps therapist-patient privilege.