The Denver Post
Bryant's accuser returns
Tuesday, May 11, 2004 -
Eagle - The woman who accused Kobe Bryant of sexual assault made a surprising return to the courtroom as a spectator in a closed-door hearing Monday afternoon in what was described as an effort to show the "real person" on the other side of the case.
The 19-year-old quickly crossed the courthouse hallway from a seldom-used fire exit into the courtroom. There, the NBA star and his attorneys were battling with prosecutors over how much, if any, of her sexual history is relevant to the case. "She just felt it was important that the judge see the real person affected by his decisions," said Krista Flannigan, spokeswoman for the district attorney's office. "As a victim, she has the right to be informed, present and heard at every critical stage of the criminal justice process." The woman's appearance for two hours of the proceedings created some significant hallway drama. Until then it had seemed to those outside the courtroom a day of mystery witnesses testifying in secret pretrial hearings before Bryant's formal entry of a plea, which could come as early as today. At first it appeared the woman, who had testified behind closed doors in March at the request of the defense, had been called back to the stand by the prosecution to answer additional questions. Legal experts later were shocked to learn she appeared of her own volition with her attorney, John Clune, a move they questioned for its potential to backfire. "The defense would have screamed bloody murder. She is a witness in this case, and her testimony clearly can be tainted by hearing others testify," Denver defense attorney Lisa Wayne said. "Her future testimony can be fashioned by what she's hearing now." Defense attorneys Pamela Mackey and Hal Haddon previously have disputed using the term "victim" for the woman and granting her privileges under the state Victim's Rights Act - such as attending closed hearings - because they contend her June 30 sexual encounter with the Los Angeles Lakers guard was consensual and no crime has been committed. Wayne said it is unusual for alleged victims of sexual assault to attend such pretrial hearings unsolicited. She said she believed that, like other witnesses, the woman would have been sequestered and prevented from hearing others testify. Flannigan, however, said alleged victims often find it therapeutic to attend court proceedings. The woman in this case has complained to Judge Terry Ruckriegle through a letter from her mother that she has attracted unwanted attention, including being stalked by defense investigators and the media, prompting her to move to four states in six months. Earlier Monday, the two sides reportedly concluded the hearing on whether to suppress comments Bryant made to sheriff's investigators on July 1 in a surreptitiously recorded interview. Defense attorneys have argued that Bryant, who was recovering from minor knee surgery that day, was questioned outside the Lodge & Spa at Cordillera near Edwards without being advised of his rights. A ruling on that is not expected imminently. The hearing on the "rape-shield" issues surrounding the woman's sexual history is not yet complete, said Karen Salaz, spokeswoman for the state court administrator. Ruckriegle is expected to open the courtroom for public hearings sometime today to hear a variety of additional motions and perhaps to accept Bryant's plea and set a trial date. Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com |