Denver Post
Bryant defense counters leak claim
Thursday, November 20, 2003 -
In filings released Wednesday, Kobe Bryant's defense attorneys lashed out at a motion by prosecutors calling for an independent investigation into leaks attributed to the defense team, saying such probes constitute a "diversionary tactic."
Opening another round of testy volleys between the two sides in anticipation of the Dec. 19 motions hearing, defense attorney Hal Haddon said a request by District Attorney Mark Hurlbert for an investigation into the alleged leaks - the factual accuracy of which he "flatly disputed" - would "distract all involved to no good end." "The request should be denied because it seeks to divert attention and resources from the substantive issues in this case," Haddon wrote, citing a ruling against conducting such an investigation by federal court Judge Richard Matsch in the Oklahoma City bombing trial. Hurlbert has asked for the probe, similar to one previously conducted by the Pitkin County Sheriff's Department at the defense's request, after reading a story in a New York newspaper that offered unflattering and potentially damaging details of the accuser that had not been revealed. But Haddon argued that, in addition to being a distraction, such a probe is a county court matter that doesn't belong in district court. He also said the court should not become an investigative arm of the district attorney's office. "If the district attorney has sufficient evidence of a violation of the order ... he should file his motion in the county court and attempt to prove his allegations," Haddon wrote. Bryant, 25, is accused of sexually assaulting a 19-year-old employee of the upscale Lodge & Spa at Cordillera near Edwards on June 30 while while in the area for minor knee surgery. Also, District Court Judge Terry Ruckriegle has set a firm window for any plea bargains, ordering the district attorney to propose any offers by Dec. 15 and the defense to respond by Jan. 15. "The court will not accept any plea bargain or disposition once all pre-trial motions have been heard," Ruckriegle wrote in a case-management order issued Wednesday. Among other motions released Wednesday, prosecutors have asked for all subsequent filings to be kept under seal because of the media attention and the concerns for a fair trial for the Los Angeles Lakers all-star guard. "This case has received ... unprecedented media coverage," wrote prosecutor Ingrid Bakke. "It is anticipated that many of the evidentiary motions filed will contain potentially sensitive information which may be ruled inadmissible at trial. ... In order to prevent any potential tainting of the jury pool, the best interest of justice will be served if all evidentiary ... motions be filed initially under seal." Meanwhile, unconfirmed reports that Bryant has been asked in a sealed motion to submit to an HIV test would not be out of the ordinary for a sexual-assault case, legal experts said Wednesday. "The (state) statute requires that any person bound over for trial after a preliminary hearing in a sexual-assault case involving sexual penetration must submit to an HIV test," Denver defense attorney Dan Recht said. The results would be shared with the accuser but are not generally admissible in court unless Bryant were found guilty and prosecutors believed he knew that he carried the AIDS virus - which, if proved, would triple any sentence. |