The Denver Postkobe bryant
Bryant drops effort to seal files
Tuesday, September 28, 2004 -
Attorneys for Kobe Bryant have dropped their fight to seal investigative files compiled as part of the rape case against the NBA star, but insist prosecutors open all records, including those that may clear their client.
Defense attorney Pamela Mackey acknowledged that "scrutiny of the prosecution is a valid public interest," a point argued by attorneys for the media and by Eagle County District Attorney Mark Hurlbert in favor of keeping the records open. But Mackey also slammed prosecutors for information leaks that were detrimental to her client, including a recording of his interview with sheriff's investigators. "Accordingly, Mr. Bryant has concluded that his right to privacy cannot be protected by this court, because one or more individuals in possession of criminal-justice records ... will deliberately and criminally supply information to the media in defiance of any order this court may enter," Mackey wrote in a motion filed Monday. Hurlbert dropped a sexual-assault charge against Bryant, 26, during jury selection earlier this month after the 20-year-old accuser said she would not participate in the trial. The effort to permanently seal the criminal-case records was filed shortly afterward by Bryant's attorneys as a separate legal case before Eagle District Court Judge Richard Hart. It is unclear when the records will be made available for public inspection; calls to Hurlbert and to the Eagle County Sheriff's Office were not immediately returned. In an exchange of letters with Hurlbert attached to her motion, Mackey said she expected him to release all of the documents related to the case, deleting only the accuser's name. "As you know," Mackey wrote, "within your files and the Eagle County Sheriff's Office's files are records that are highly damaging to the prosecution, that tend to exculpate Mr. Bryant and corroborate his account of the sexual encounter, and that reveal unprofessional, unethical and otherwise unlawful or improper conduct by law-enforcement officials and lawyers and staff members in your office."
Click here for a timeline of the People v. Bryant case.
Click here for the official court website with officials court orders, filings and documents in the case.
Click here to see a copy of the felony charges against Bryant in the PDF format. The charges were dropped Sept. 1.
Click here for the questions that were asked asked of potential jurors in the case.
Click here for an interactive presentation on Bryant's career.
Click here for the 9NEWS archive on the case.
Click here for the CourtTV archive on the case.
In particular, she cited documents from the internal investigation into attempts by employees of the DA's office to purchase derogatory T-shirts portraying Bryant in a game of "hangman," information from the CBI and a forensics expert that undermines the rape charge and a letter from the accuser retracting portions of her statements to investigators. "All the records in this case need to be disclosed, not just those you believe are harmful to Mr. Bryant," Mackey wrote. Hurlbert indicated that he would act impartially in his role as custodian of the records. "It appears the only information you wish released is that which is damaging to the victim, the sheriff's office or my office," he wrote to Mackey. "This is unacceptable. I will follow ... (the state open-records law) assiduously without regard to who (sic) it hurts or helps." Staff writer Steve Lipsher can be reached at 970-513-9495 or slipsher@denverpost.com. |