A Colorado Springs therapist took her challenge of a military arrest warrant to a civilian judge late Friday, seeking a restraining order in U.S. District Court in Denver.
In court papers, counselor Jennifer Bier, who remains free, requested an emergency hearing to block a Randolph Air Force Base judge’s decision to take her into custody, saying an arrest would be unconstitutional.
For months, Bier has refused to turn over records documenting her counseling sessions with Jessica Brakey, a former Air Force Academy cadet who has accused Lt. Joseph Harding, also a former cadet, of raping her. Judge David Brash, who is presiding over the court-martial proceedings at the Texas base, rejected her lawyers’ challenge to the subpoena, calling for Bier’s arrest 10 days ago.
In the court filing, her lawyers said Brash, among other issues, rejected her right to appeal to a higher military court, forcing them to seek relief in a civilian federal venue.
“The military court has placed Bier in a position where she either will be forced to destroy her client’s privacy interests or be placed in jail with no right of appeal,” her filing states.
Her lawyer asked for a hearing immediately, but no decision was made as of Friday evening.
Randolph officials declined to say whether federal marshals are actively pursuing Bier. They also said Brash and other Ran dolph officials will not comment on the case.
Brash’s arrest warrant over counseling notes has been called unprecedented by legal experts. Wendy Murphy, Bier’s lead lawyer, said it’s unusual for a lawyer to have to go outside the military’s justice system for relief.