The Denver Post
Bryant's strategy an issue
Thursday, March 11, 2004 -
Kobe Bryant's defense team has started questioning witnesses about the sexual activity of Bryant's accuser from the summer of 2002 to August 2003 in violation of Colorado's rape- shield law, prosecutors told the Colorado Supreme Court.
The defense strategy, the prosecutors said, is to insinuate that if the alleged victim said "yes" to others, it is more likely she said "yes" to Bryant, who claims he had consensual sex with the woman. On Tuesday, Eagle County District Attorney Mark Hurlbert asked the state's seven justices to stop a March 24 hearing at which the 19-year-old accuser "will be forced to answer questions about more than a year of her sexual history." The rape-shield law and Colorado Supreme Court rulings have held that there is a presumption that evidence relating to a rape victim's sexual conduct is irrelevant. The woman, a front desk employee of an Edwards hotel, said she was sexually assaulted by Bryant after consensual flirting and kissing turned ugly. The questioning of witnesses, including male acquaintances, began this month. It is to resume March 24 and 25 after a ruling by Eagle County District Judge Terry Ruckriegle. Ruckriegle denied a prosecution motion to limit the questioning by the defense, which gave rise to the prosecution's emergency request to the Supreme Court. Hurlbert said the March 24 hearing, where the accuser will be forced to testify at length, is the "type of evil" the rape- shield statute is designed to stop. Lawyers for the Los Angeles Lakers guard could not be reached for comment. The Supreme Court may decide today whether to hear the appeal and stop, or limit, the questioning. The presumption that a woman's sexual history is irrelevant can be overcome if it shows the source or origin of semen or other evidence that may clear their client. If the judge finds the offer of proof is sufficient, the court can order a closed, nonpublic hearing at which the victim or witnesses can be questioned. That is what Ruckriegle has ordered in the Bryant case. Bryant prosecutors say questioning, if any, of the alleged victim should be limited to sexual relations within the 72-hour period surrounding the incident on June 30. |