Rape counselor's records may be safe

A mental health counselor may not be forced to surrender records of her sessions with an Air Force Academy rape victim, but the case against the accused rapist could be dismissed, court arguments indicated Friday. A military judge at Randolph Air Force Base in San Antonio recessed the case against Capt. Joseph Harding for 71 days after again urging federal marshals to obtain records from Jennifer Bier, a Colorado Springs counselor. Bier has refused since June 2005 to hand over her records from sessions with Jennifer Brakey, who was allegedly raped by Harding in 2000, when both were Air Force Academy cadets. The judge, Col. David Brash, ordered federal marshals in June 2005 to seize Bier's records or arrest her if she refused. On Friday, Justice Department attorney John Depue testified that Brash's order was executed, but it did not provide for Bier to be brought to the court or for U.S.

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