The Denver Post
Bryant cash could go to state
Saturday, September 04, 2004 -
Kobe Bryant's accuser may have to reimburse the crime-victim's compensation fund as much as $20,000 if she receives a cash settlement or judgment in her civil suit against the basketball star, officials said Friday.
The 20-year-old from Eagle, who scuttled the criminal sex-assault case against Bryant on Wednesday by refusing to go to trial, would be expected to pay back any state money she received for counseling, said Krista Flannigan, spokeswoman for the Eagle County district attorney's office. "If you receive any reimbursement - restitution or a civil settlement or let's say insurance pays more than was anticipated - then that needs to be reimbursed to the crime-victim's comp fund," she said. The woman received nearly $20,000 in victim's compensation, including payment for counseling at an exclusive treatment facility in Arizona, according to Bryant's attorneys. They wanted to introduce those figures at trial as an indication that the woman was merely seeking money by filing the criminal complaint against Bryant. Eagle County District Attorney Mark Hurlbert dropped the charges Wednesday against the Los Angeles Lakers all-star after the woman informed him that she would not willingly participate in the case. Although accusers may receive victim's compensation only if they agree to cooperate with authorities, the woman will not immediately be held liable for the money she received, Flannigan said. If she wins money from Bryant, however, she would be expected to reimburse the fund. In many cases, compensation-fund administrators never learn about subsequent civil settlements, and reimbursements are very rare, Flannigan said. When they do hear about a settlement, however, they will seek reimbursement if the amount is significant, even resorting to the court system for enforcement on rare occasion. "We'd probably be able to monitor this one pretty easily," Flannigan said, acknowledging the intense publicity surrounding the case against Bryant. The woman's attorney, John Clune, declined to comment on the subject Friday. He did reiterate statements from last week that the civil case is proceeding and that there has been no talk of settlement with Bryant. "At this point, we are planning on going to trial," Clune said. "We never have engaged in a single discussion about resolving the civil case." Bryant, 26, was accused of raping the former hotel clerk in his room at the upscale Lodge & Spa at Cordillera near Edwards in June 2003. He could have faced as much as life in prison if convicted. Pamela Mackey, who headed Bryant's defense, told The Denver Post that she first learned about the prosecution's decision to drop the case about 3 p.m. Wednesday, after Bryant had flown back to Los Angeles for an overnight stay. "I sent my client home," Mackey said. "I said, 'See you tomorrow."' Late that night, Bryant returned to Eagle to join a party with his defense team that lasted into the early morning hours, she said. Asked what Bryant's reaction was to the dismissal, Mackey said early Thursday, "He is very thankful it has come to an end." Moments after the criminal case was dismissed, Bryant issued an extraordinary apology for his actions and acknowledged that the accuser may have felt the encounter was not consensual. The accuser sued Bryant in Denver federal district court last month, seeking at least $75,000 in damages even while she positioned herself to drop the criminal charges, in part because of repeated breaches of her privacy. "The point that probably should be made is that this girl is not afraid to testify," Clune said. "But her faith in the criminal-justice system was systematically broken down over the course of the last 14 months." Staff writer Howard Pankratz can be reached at hpankratz@denverpost.com or 303-820-1929. Staff writer Steve Lipsher can be reached at 970-513-9495 or slipsher@denverpost.com .
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