Denver Post
Excerpts from judge's ruling
Tuesday, October 21, 2003 - Eagle County Judge Frederick Gannett, in an unusual nine-page order, said Kobe Bryant must stand trial on sexual assault charges, but also documented weaknesses in the prosecution's case. Here are some highlights: After explanations of standards for preliminary hearings and the motions in the case, the judge outlined key testimony from the hearing, including the following points. "The alleged victim was supposed to get off work at 7 p.m., but stays late because she was excited to meet defendant and also wanted to make up for her lost hours because from the (earlier) car trouble." "The alleged victim's yellow underwear, worn to and collected during the sexual assault examination, contained the alleged victim's blood, and semen that the CBI determined did not match defendant's DNA profile. No tests have been performed to identify the source of the semen despite defendant's request to do so." "No efforts were made to collect fingerprints or other forensic evidence from the bathroom and other than casual observation, no efforts were made to check for blood in the hotel room. No samples of carpeting were taken from the area where the sexual intercourse occurred." Gannett then outlined his concerns about the prosecution's case. "The totality of the evidence ... leaves no doubt that there are a considerable number of issues to be determined by the (jury)." "Almost all of the evidence introduced at the preliminary hearing permits multiple inferences which, when viewed either independently or collectively, and upon reasonable inference, do not support a finding of probable cause. Simply put, this court could not make a finding of probable cause in the instant matter absent reliance upon those inferences supportive of the People's case." But in the end, Gannett wrote, the prosecution's evidence compelled him to send the case to trial. "The photographs (presented during the hearing) demonstrate some injury to the genital area and the cheek." "Her (the accuser's) statement presents evidence of sexual intercourse against her will and subject to the application of force, resulting in pain and injury." |