The Denver Post
Bryant case judge warns lawyers
Thursday, August 19, 2004 -
The presiding judge in the Kobe Bryant case amended his gag order slightly Wednesday, sternly warning lawyers not to stray from the tight restrictions.
In issuing the amended order, District Judge Terry Ruckriegle said he won't tolerate the type of comments and "inflammatory language" used in recent media interviews by lawyers connected with the sexual-assault case. Ruckriegle said such a continued "pattern of advocacy" could substantially prejudice the basketball star's right to a fair trial. Under Wednesday's order, lawyers can outline the case's schedule and the outcome of a step in litigation, as well as identify pending matters. But Ruckriegle said they shouldn't express any opinions about the merits of the positions or arguments of any party. Specifically, he said, they are not to comment on the character, credibility and reputation of any party or witness or the expected testimony of a witness. Ruckriegle said he issued the original Aug. 4 gag order after Bryant's defense team presented him with statements lawyers John Clune and Lin Wood, who represent the alleged victim, made to the media. The judge said the statements appeared to involve the character, reputation and credibility of the accuser and Bryant; the merits of the evidence in the case; the suggestion that a fair trial may not be obtained in Eagle County; and inflammatory comments directed at the judge regarding the effectiveness of the judicial system. "As a result of the content and inflammatory language of recent extrajudicial comments as well as the lack of any reasonable alternative, this court is compelled to intervene and prevent prejudice to the fairness of the trial that will result should the current pattern of advocacy continue," he said. Bryant is accused of raping a female employee at the Lodge & Spa at Cordillera, near Edwards, on June 30, 2003. Jury selection is set to begin Aug. 27. Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com . |