The Denver Post
Bryant accuser's lawyers protest gag order, want their side heard
Tuesday, August 10, 2004 -
The judge in the Kobe Bryant sexual-assault case has drawn fire from prosecutors and the accuser for issuing a sweeping gag order after the release of damaging testimony from a defense expert in closed-door hearings.
Joining the media in disputing the gag order, the attorneys for the 20-year-old woman minced no words Monday in declaring that District Judge Terry Ruckriegle has not allowed them to respond to a "one- sided attack" and that the order was meant only to insulate the court from criticism. "The victim of the rape by Kobe Bryant is currently suffering enormous, outrageous prejudice by reason of errors by this court," the woman's attorneys, John Clune and Lin Wood, wrote in an objection. In particular, they cited the mistaken release of transcripts from two closed-door hearings to seven media outlets - subsequently made public after the media challenged Ruckriegle's order not to publish the contents - that contained testimony from a defense expert concluding that the woman had sex immediately after her encounter with Bryant. "That testimony, contested by the victim and the prosecution ... has poisoned and continues to poison the jury pool in Eagle County," the lawyers wrote. The order was requested by defense attorneys last week after Clune and Wood made a series of high-profile media appearances to announce that the woman might not continue with the criminal case and likely would pursue a civil suit against Bryant. Eagle County District Attorney Mark Hurlbert also objected to the gag order Monday, contending that the judge immediately ruled on the defense request for such an order yet didn't accept any arguments on the issue and, in separate disputes, has denied prosecution requests to quell defense leaks. Ruckriegle on Monday did excuse one attorney from the order - Dave Lugert, a legal commentator on the case. He also decided to continue posting case filings on the court website, despite complaints from the accuser that a series of mistakes have revealed her name and damaged her credibility. |