The Denver Post
Edited transcripts ordered in Kobe case
Wednesday, July 28, 2004 -
At the encouragement of a U.S. Supreme Court justice, the judge in the Kobe Bryant sex-assault case on Tuesday ordered prosecutors and defense attorneys to offer an edited version of transcripts from closed-door hearings that have been the subject of a pitched legal battle with the media.
District Judge Terry Ruckriegle ordered the two sides "immediately" to come up with a version of the transcripts suitable for release. A court clerk mistakenly e-mailed the originals last month to seven news organizations, including The Denver Post. The move came just a day after U.S. Supreme Court Justice Stephen Breyer denied a request from the media to overturn Ruckriegle's order prohibiting publication of the contents of the transcripts. Breyer instructed Ruckriegle, however, to consider releasing material that the lower court has now ruled admissible in hopes of eliminating the constitutional controversy pitting the First Amendment rights of the media against the fair-trial rights of the participants in the sex-assault case. He suggested that the release of the redacted transcripts may defuse the dispute over whether Ruckriegle's order is an unconstitutional "prior restraint" on the media condoned by the Colorado Supreme Court. But lawyers for the media argued that the debate focuses on an important constitutional issue much bigger than a single criminal case - whether the media can be restrained from publishing legally obtained information about government actions. They are concerned by the precedent set if the original order is upheld. The 206 pages of transcripts detail testimony from closed pretrial hearings dealing with the accuser's sexual history held June 21-22. Such rape- shield hearings are intended to allow a judge to examine an accuser's sexual history in private. Although Ruckriegle ruled last week that some of the testimony could be presented to a jury, he has asked the two sides to consider what might be released to the public in advance "along with their explanation why any such portions should remain confidential." Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault, said she opposed the release of any of the contents. "We are concerned that this information is going to get out into the public purview before it's rebutted or cross-examined," she said. "It could taint the jury pool, and there will be an unfortunate assumption that, because this is now out in public, that it is true or that it is important." Staff writer Steve Lipsher can be reached at 970-513-9495 or slipsher@denverpost.com . Staff writer Howard Pankratz can be reached at 970-820-1929 or hpankratz@denverpost.com . |