The Denver Post
Bryant's attorneys get text messages
Friday, June 18, 2004 -
The judge in the Kobe Bryant sexual-assault case on Thursday released to defense attorneys cellphone text messages among the accuser, her former boyfriend and an unidentified third person sent in the hours after her encounter with the basketball star.
Terming them "relevant," District Judge Terry Ruckriegle turned the messages from AT&T Wireless over to prosecutors and Bryant's defense team but warned the content must be kept strictly confidential. "I think this could be a huge development," said Denver defense attorney Craig Silverman, a legal analyst following the case. "It's clear that these text messages address the events ... involving the alleged victim and Kobe Bryant. Otherwise, the judge would have tossed this in the trash can." A number of messages between Matt Herr and the 19-year-old accuser apparently were sent July 1, the day after the encounter between the woman and Bryant at the upscale Lodge & Spa at Cordillera near Edwards. Bryant's defense attorneys, who learned about the messages during their investigation, sought them on the grounds that they may help exonerate the Los Angeles Lakers star. Herr's attorney, Keith Tooley, fought the release, arguing that they are protected by the federal Electronic Communications Privacy Act. Prosecutors took no stand on the issue. It's possible the messages could reveal details of the woman's encounter with Bryant or that they reveal a continuing relationship between the woman and Herr, who also has fought providing a DNA sample sought by the defense to see if it matches semen found in her panties. Criminal cases in Europe and Asia have hinged on text message evidence, but Bryant's case appears to be among the first in the nation in which the material could play a pivotal role. The Associated Press contributed to this report. Steve Lipsher can be reached at 970-513-9495 or slipsher@denverpost.com .
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