The Denver Post

Attorneys trade charges in Bryant case
By Jon Sarche
The Associated Press

Wednesday, June 16, 2004 -

Attorneys in the Kobe Bryant sexual assault case swapped sharp accusations Tuesday, with each side asking the judge to punish the other for allegedly ignoring court orders and dragging their feet.

Bryant's defense team wants the judge to reduce the rape charge against the NBA star and punish prosecutors for what it calls inexcusable delays. In particular, the defense says prosecutors should be sanctioned for violating the judge's order to allow a defense expert observe DNA testing.

Defense attorney Pam Mackey said in a court filing that the order was clear and sanctions are justified because of the prosecution's "blatant and unexcused disregard" of the order, and other actions that have slowed the case.

She asked state District Judge Terry Ruckriegle to bar prosecutors from guiding the DNA testing and reduce the charge against Bryant. He would have the same charge, but the potential punishment would be less.

"The prosecution has not sought to offer any understandable reasons to the court for why its failure to comply with court orders might be excusable," Mackey said. "Instead, the prosecution willfully denies that the court issued any such orders or that it has in any way violated them."

In his filing, District Attorney Mark Hurlbert said he received DNA testing details from a defense expert, Elizabeth Johnson, 10 days after a court-ordered deadline.

"This delay will slow this case down even further," he wrote.

Bryant, 25, has pleaded not guilty to felony sexual assault. He has said he had consensual sex with a 19-year-old employee of a Vail-area hotel where he stayed last summer.

If convicted, he faces mandatory prison time of four years to life, 20 years to life on probation and a fine up to $750,000.

Under the charge Mackey suggested, Bryant could face two years to life in prison, four years to life on probation, and a fine up to $500,000.

Prosecutor Dana Easter said any delays in testing were the fault of the defense. She also said prosecutors believed the judge was suggesting a defense expert be present for the testing, not ordering it.