The Denver Post
Bryant's lawyers: Prosecution withholding information
Tuesday, March 16, 2004 -
Kobe Bryant's defense attorneys have asked the judge in his sexual-assault case to force prosecutors to turn over information they say may damage the credibility of the accuser or prove the basketball star's innocence.
In a motion made public Monday, defense attorney Hal Haddon chastised prosecutors for not turning over the material - including information on victim's assistance for the accuser and details on a rumor that she may write a book about the encounter - as part of the legal process of "discovery." Among the material requested by the defense: Details about the woman's sexual history, drug use and mental-health history, much of which is likely to be brought out during a closed-door hearing next week. Investigative findings of semen swabs taken from the woman, as well as information about the men who reportedly refused to submit to DNA tests as prosecutors attempted to determine the source of semen stains in the panties she wore to a rape examination. Information about any compensation received by the 19- year-old accuser from state or local government agencies, as well as payments by law enforcement agencies and the district attorney's office for her stay at an addiction-treatment center identified in the document as The Meadows in Wickenburg, Ariz. Any plans by the woman to file a civil suit against Bryant and to publish a book. The defense also wants to know of any tips the prosecution received that could prove exculpatory, Haddon wrote. "Where the prosecution is on notice of numerous factors potentially damaging to the credibility of its key witness - as the prosecution may be here with respect to the motives, mental-health condition, sexual activities, drug use and inconsistent statements of Mr. Bryant's accuser - the prosecution may not shirk its constitutional disclosure obligations ... like the proverbial ostrich with its head in the sand," Haddon wrote. Meanwhile, District Judge Terry Ruckriegle renewed his order Monday that attorneys involved in the case refrain from making public comments. The reminder comes after a rare press release March 2 from the woman's attorney rebutting defense claims that she had sex soon after the encounter with Bryant, and another last week from District Attorney Mark Hurlbert expressing disappointment in a state Supreme Court refusal to hear a pre-trial appeal to limit defense questioning of the woman. In another related incident, a 37-year-old Long Beach, Calif., man pleaded not guilty Monday to charges he made dozens of threats against Hurlbert and the accuser and was ordered to appear in Denver federal court April 30. Cedric V. Augustine was allowed to remain free on $50,000 bond by U.S. Magistrate Michael J. Watanabe. His bond requires him to refrain from contacting Hurlbert or anyone else in the case. The Associated Press contributed to this report. |