The Denver Post
Bryant accuser must reveal name in lawsuit
Thursday, October 07, 2004 -
The name of the woman who has accused Kobe Bryant of rape must be made public if she wants to continue her lawsuit against the basketball star, a federal judge ruled Wednesday.
It's in the public interest to hold open court proceedings, and, given that the woman's name already has been widely circulated, there would be little benefit in withholding it, wrote Senior U.S. District Judge Richard Matsch. Despite the decision, the Eagle County woman will continue her civil lawsuit against Bryant, said Lin Wood, an Atlanta lawyer representing her. "This young girl is prepared to go forward against Kobe Bryant knowing she will be identified," Wood said. "She looks forward to having her day in court and publicly saying what Kobe Bryant did to her." Bryant was accused of sexually assaulting the hotel clerk, then 19, in June 2003 in his hotel room in an upscale Lodge & Spa at Cordillera near Edwards. Prosecutors last month dropped criminal charges against the Los Angeles Lakers guard after the woman said she didn't wish to proceed. Bryant said the sex was consensual. Once the criminal case was dismissed, it was more likely federal courts would be disinclined to allow her to remain anonymous, Wood said. Though resolute, the woman remains concerned about her safety because of death threats she has received, said John Clune, another of her lawyers. "Her desire to remain anonymous was based purely on safety issues," Clune said. "She still has these same concerns." Bryant's lawyers could not be reached for comment Wednesday. On Monday, they asked the judge that her name not be kept secret. The ruling Wednesday said the case will be changed Oct. 20 to include the woman's name. Matsch wrote that there already have been "substantial invasions" of the woman's privacy. During the criminal case, her name was mistakenly released on a court website. And her identity has been widely published on various other sites. "Under these circumstances, the granting of the motion (to remain anonymous) will have little practical effect and is outweighed by the public interest in open court proceedings," Matsch wrote. The ruling was to be expected, said David Lane, a Denver civil rights lawyer. "When you are the instigator in a civil suit, you have a real uphill battle in trying to convince a court that you should remain anonymous," Lane said. "There are no statutes that protect her. No rules that protect her. At this point, she's just another plaintiff seeking money." Also, he said, Matsch has a track record for being disinclined to seal court documents or allow parties to remain anonymous. The federal lawsuit, filed in August, claims that Bryant has a "history" of attempting to commit actions of violent sexual assault on women he just met. It did not give examples. The woman is seeking special and compensatory damages of more than $75,000. Her lawyers have said they plan to amend the lawsuit later to also seek punitive damages. |