Rape Counselor Won't Be Arrested This Weekend

June 18 2005, 11:01 AM

Colorado Springs rape counselor Jennifer Bier has at least one more weekend of freedom. U.S. Attorney spokesman Jeff Dorschner says the feds have decided not to arrest her right away following the 10th Circuit's affirmance of Judge Edward Nottingham's decision in which he upheld the military arrest warrant issued against her for refusing to provide a military judge with her therapy records of a female Air Force Academy Cadet who is accusing a male cadet of rape. His court martial is set to begin Wednesday. Bier's attorney has promised to seek relief in the U.S. Supreme Court, and the feds, anticipating a stay by the Court in the event of such a filing, sees no point in arresting Bier now. Stays are common in these kinds of appeals. Judith Miller of the New York Times and Matthew Cooper of Time Magazine have had their jail sentences for contempt stayed pending review of their journalist privilege claim in the grand jury investigation into who leaked the identity of CIA undercover operative Valerie Plame. In other words, a stay does not indicate how a Court will ultimately rule in a case.