The Denver Post
Bryant accuser looks at civil suit
Thursday, August 05, 2004 -
Kobe Bryant's accuser will most likely file a civil lawsuit against the NBA star in hopes of obtaining a "fair hearing" that her lawyers believe is impossible at Bryant's criminal trial in Eagle, one of them said Wednesday.
Lawyer Lin Wood said the recent release of usually privileged transcripts of a rape- shield hearing has created an unprecedented situation that has the 20-year-old and her attorneys assessing whether she should go ahead with the criminal case. "Let me make it clear that this young girl is not going to abandon her pursuit of justice against Kobe Bryant for what happened in that hotel room that night," Wood said, referring to what the woman says was rape and Bryant says was consensual sex. "The decision whether she will proceed in the criminal forum, or the civil forum, or both, has not been made," Wood said. "But she obviously has to seriously consider the impact of recent disclosures resulting from yet another mistake by the court in the criminal case." Wood said the information in the transcripts presented an unfair and one-sided defense view that prosecutors can't respond to because of a gag order. Pursuing a civil case, which would be filed against Bryant in U.S. District Court in Denver, would "level the playing field," Wood said. It would allow lawyers for the woman to cross-examine Bryant about the June 30, 2003, incident and "fully scrutinize his life" in the way Bryant's lawyers and investigators "have scrutinized this young girl's life over the past year," Wood said. Bryant doesn't have to testify during the criminal trial. The burden is on the prosecution to prove Bryant's guilt beyond a reasonable doubt. In a civil trial, the standard of proof is less, which could open the way for a verdict in favor of the accuser. Wood said that the standard in civil cases is by "a preponderance of evidence," which means that if the jury finds by a margin of 51 percent that she was sexually assaulted, she wins. Wood talked to The Denver Post just hours before a sweeping gag order was issued Wednesday night by state District Judge Terry Ruckriegle. The order prohibits all trial participants and their attorneys from talking about the case until the trial is concluded. Pamela Mackey, a lawyer for Bryant, had no comment Wednesday afternoon. Bryant has pleaded not guilty. If convicted, he could spend four years to life in prison. Potential jurors are to report Aug. 27, and opening statements are scheduled for Sept. 7. The usually sealed transcripts were released by Ruckriegle after they were mistakenly e-mailed by a court reporter to seven news organizations, including The Denver Post. In them, Mackey said the woman received nearly $20,000 in victims' compensation, which Mackey said was extraordinary. In another transcript, a defense expert said that evidence showed that the accuser had sex with another man shortly after her encounter with Bryant at the Lodge & Spa at Cordillera, something the defense says would be highly unusual for a rape victim. The defense said a law enforcement analyst agreed with that assessment. However, John Clune, another of the accuser's attorneys, has adamantly denied his client had sexual intercourse after the Bryant encounter. But Wood said Wednesday that the damage has been done - particularly because prosecutors can't respond to the allegations. Wood said that as a result, he, Clune and their client plan to meet with prosecutors and determine if the accuser should go forward with the criminal case. "In light of this unprecedented release of prejudicial testimony three weeks before the jury is scheduled to be put in the box, anybody would have to evaluate the impact," he said. The date for the meeting has not been set. Krista Flannigan, spokeswoman for District Attorney Mark Hurlbert, said Clune spoke to her Wednesday and assured her that "the victim is moving forward with the criminal case." Prosecutors said last week that they intend to continue toward trial despite a ruling by Ruckriegle that will allow the defense to raise part of the accuser's sexual history in front of the jury. Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com . |