The Denver Post
Bryant's statement to police at issue on day 2 of hearing
Wednesday, March 03, 2004 -
EAGLE - With his accuser's testimony delayed, Kobe Bryant returned for a closed-door hearing today in which attorneys were expected to argue whether his statement to police should be barred from his sex-assault trial.
The 19-year-old woman accusing the NBA star of rape had been scheduled to testify, but the judge late Monday said he will reconsider whether the defense will be allowed to ask detailed questions about her sexual past. Her testimony was postponed until a March 24-25 hearing. Bryant, 25, has said the two had consensual sex. The Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation if convicted of the felony sexual assault charge. The accuser was still expected to be a key part of today's hearing: Defense attorneys Hal Haddon and Pamela Mackey were expected to summon acquaintances to discuss her sexual past to lay the groundwork for the next hearing. But first, arguments were scheduled on whether Bryant was illegally questioned by investigators July 1, the day after the alleged assault at the posh Vail-area resort where he was a guest and the woman was an employee. Defense attorneys want Bryant's secretly recorded police statement and physical evidence, including a T-shirt stained with the accuser's blood, barred as evidence. Lead investigator Doug Winters acknowledged during the last hearing a month ago that Bryant was subjected to a predawn hospital examination in violation of state law calling for the work to be done during daylight hours.
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During last month's hearing, Winters said he never intended to arrest Bryant that night but executed the court order to take the NBA star to the hospital because of an "incident" during the interview in Bryant's room. Winters didn't explain what he meant. But he said Bryant spoke with investigators willingly and knew he was free to leave at any time. The defense subpoena of Bryant's accuser had prompted complaints from the prosecution and victims' advocates. They say her sexual conduct in the days surrounding her encounter with Bryant is irrelevant, and that the defense has based its arguments on rumor and innuendo. Bryant's attorneys said he has a right to confront his accuser and that discussing the woman's past sexual relations will help explain whether she consented to have sex with Bryant. Prosecutors want state District Judge Terry Ruckriegle to limit the defense questions to two issues: the source of injuries discovered during the woman's rape exam and the source of semen found in the underwear she wore to the exam. The defense wants to bring up whether she had sex with two unidentified prosecution witnesses, saying that could make their testimony biased. They also say injuries found during a hospital examination of the woman could have been caused by other sexual partners. The woman has told police she had sex with someone two days before the alleged attack, while the defense has said she slept with "multiple" partners that week - including someone less than 15 hours after her encounter with Bryant. The defense has accused the woman of pursuing a "plan" to sleep with Bryant to attract the attention of an ex-boyfriend. The sexual activity of an alleged victim is presumed to be irrelevant under Colorado's rape-shield law. To present that information to a jury, defense attorneys have to prove to a judge it is relevant. |