The Denver Post
Bryant's defense wins key approval
Friday, March 12, 2004 -
The Colorado Supreme Court on Thursday gave Kobe Bryant's lawyers the green light to conduct an almost unlimited inquiry into the sexual history of the woman who alleges she was raped by Bryant.
Sexual-assault experts say the wide latitude will result in the Eagle woman being exposed to humiliating questions. The high court denied an emergency request by prosecutors to sharply limit questioning of the 19-year-old woman in a pretrial hearing. The woman is scheduled to testify behind closed doors March 24, as Bryant's defense attorneys continue to investigate her sexual history going back to the summer of 2002, more than a year before the alleged June 30 rape at an Edwards hotel. Eagle District Attorney Mark Hurlbert said the widespread inquiry into the woman's sexual history violates provisions of the state's rape-shield statute. The defense strategy, Hurlbert alleged, is to insinuate that if the alleged victim said "yes" to others, it is more likely she said "yes" to Bryant, who said he had consensual sex with the woman. "I recognize that requests for petitions to be heard by the court are rarely granted, and we respect the court's decision," Hurlbert said. "However, we continue to have great concern about the humiliation the victim is being asked to endure at the hands of the criminal justice system. Furthermore, future victims may not report their victimization for fear of similar humiliation." Legal experts believe the woman will be questioned for hours. The rape-shield law and Colorado Supreme Court rulings have held there is a presumption that evidence relating to a rape victim's sexual conduct is irrelevant. But that can be overcome if the the defense files motions with the judge, accompanied by supporting affidavits, outlining evidence that may clear their client. If the judge decides the offer of proof by the defense is sufficient, he can hold a closed, nonpublic hearing to determine if evidence is relevant and should be admitted at the trial. Judge Terry Ruckriegle approved such a hearing in the Bryant case. |