Denver Post
DA still reviewing whether to charge Lakers' Bryant
Tuesday, July 08, 2003 - EAGLE - Prosecutors said Monday that it could take days to decide whether to file sexual-assault charges against basketball star Kobe Bryant, who turned himself in to police over the holiday weekend amid accusations that he assaulted an unidentified woman.
Speaking at a news conference here Monday afternoon, District Attorney Mark Hurlbert said he plans to continue reviewing the case and hopes to make a decision on charges by the end of the week. 
VIDEO
MSNBC News conference with sheriff and DA, July 7, 2003, July 7, 2003.
Kobe Bryant latest and interview with 9NEWS legal analyst Scott Robinson, July 7, 2003.
9Wants to Know investigative reporter Paula Woodward with details about the alleged rape victim, July 7, 2003.
The case was sealed at Hurlbert's request to protect the investigation and future proceedings. Neither Hurlbert nor Eagle County Sheriff Joseph Hoy would describe the details of their investigation, though they confirmed the alleged victim is an adult.
Bryant, a 24-year-old Los Angeles Lakers guard, turned himself in Friday after an arrest warrant was issued, accusing him of sexually assaulting a woman on June 30 at an Edwards-area resort hotel, Hoy announced Sunday. Bryant was released after posting a $25,000 bond.
Bryant's attorney, Pamela Mackey, said her client is innocent.
Some legal experts Monday questioned the timing of Bryant's arrest.
Craig Silverman, former Denver chief deputy district attorney, said identifying Bryant as a suspect before Hurlbert decides whether to file charges was unfair and unnecessary.
"It is foolish to arrest somebody like Kobe Bryant and run his name through the mud if the district attorney is not going to follow up and file charges," Silverman said. "It serves no legitimate purpose. It signals that law enforcement is out to hurt Kobe Bryant."
He said it would be appropriate to arrest suspects in cases where they are likely to flee or commit new crimes. But that isn't the case with Bryant, he said.
Bryant was in the Vail area to have surgery on his right knee at the Steadman Hawkins Clinic, Mackey said.
Paul Pastoor, general manager for the Lodge and Spa at Cordillera in Edwards, confirmed Sunday that Bryant stayed at the luxury resort from June 30 to about July 3. On Monday, security guards at the gated mountain resort denied access to anyone without a reservation.
In deciding whether to charge Bryant, Hurlbert said at the news conference that he must believe he can prove the case beyond a reasonable doubt. Without saying what kind of sexual assault Bryant is accused of, Hurlbert added that the nature of sexual crimes is "extremely complex," which is why he needs the whole week to make his decision.
The most mild felony sexual-assault charge in Colorado carries a penalty of 18 months in prison, Hurlbert said, again stressing that any punishment will depend on the exact charges, if any are filed.
As prosecutors considered whether to charge Bryant, a debate continued over whether the investigation was announced prematurely.
At the news conference, Hoy and Hurlbert said they wanted to clear up a misunderstanding between their departments and address an accusation by Bryant's attorney that a promise was broken.
Mackey, Bryant's lawyer, said in a news release Sunday that the sheriff's office had ignored an agreement with the DA not to take action until Monday at the earliest.
"What's done is done," Hurlbert said Monday. "There was nothing illegal. There was nothing improper."
In her statement Sunday, Mackey had also said the issuance of the arrest warrant "illustrates the complete bias of the sheriff's office, the law enforcement agency charged with investigating the allegations against Mr. Bryant and searching for the truth."
Hoy denied Mackey's assertions of bias, saying, "I guess I would have to know her definition of bias. She needs to be more to the point on what bias means."
Neither Mackey nor other attorneys at her Denver firm returned calls seeking comment Monday.
Hurlbert said the problems between the sheriff's department and his office over Bryant's arrest were in the past. But he stopped short of exonerating the sheriff's department's decision to arrest Bryant and publicize the action.
"Whether I approve of it or not, is not important," he said.
Neither Hurlbert nor Hoy would comment on the facts of the case. Hurlbert said he has spoken with the victim.
"She is doing fine under the circumstances," Hurlbert said.
Bryant has won three NBA titles with the Lakers. He is a six-time all-star and was named most valuable player of the 2002 All-Star Game after scoring 31 points.
Bryant married Vanessa Laine in April 2001. Laine was 19 at the time. The marriage caused a much-publicized rift between Bryant and his family, especially with his father, but they have reportedly reconciled. The Bryants have a daughter, born in January.
Former Denver Deputy DA Silverman said that during his 15-year tenure, his office investigated several Denver Broncos players over allegations of sexual assault. He declined to name the players. But no charges were filed in those cases because there was insufficient evidence to convict, he said.
"Stuff like that happens, and sometimes the press never hears about it, and I think it is appropriate until charges are filed," he said.
Even if no charges are filed against Bryant, his reputation already is damaged, Silverman said.
"Kobe Bryant has received terrible punishment over the course of 24 hours," Silverman said.