Denver Post
Family of Bryant's accuser in court
Thursday, November 13, 2003 - EAGLE - At a brief court hearing this morning, Kobe Bryant declined to enter a plea in his sex-assault case and waived the reading of charges and penalties.
For the first time, family members of Bryant's 19-year-old accuser attended a hearing in the case.
Bryant came to the Eagle courthouse for his first appearance before the judge who will preside over his trial, Terry Ruckriegle.
Attorneys for both sides said they anticipated that Bryant's trial would last about two to three weeks. No date for the trial was set today; Ruckriegle said he would consult with his court clerks before determining a date.
Bryant defense attorney Pamela Mackey told the judge at the 10-minute hearing, which began about 9:18 a.m., that she had already advised Bryant of the charges against him and the penalties he faces if convicted.
"We have decided to follow the court’s usual procedure and not
enter a plea as of today," Mackey said. "I fully advised my client of the charge against him and the possible penalty."
The 25-year-old NBA star, who said nothing at the hearing, faces a sentence if convicted of four years to life in prison and 20 years to life on probation.
Bryant’s $25,000 bail was left unchanged.
Ruckriegle set a pretrial hearing for Dec. 19 to consider motions by the attorneys and another for
Jan. 23 to settle various disputes, including whether records from
an Eagle-area rape crisis center should be given to the defense.
The parents of the accuser were in the courtroom,
along with two brothers and a cousin, prosecution spokeswoman
Krista Flannigan said.
It is the first time the family members have attended a court
hearing in the case — and the first time they have seen the NBA
star in person, she said.
The family, which has declined comment, left the courthouse
without speaking with reporters. Flannigan said they told her they
were glad they came.
The Los Angeles Lakers guard is accused of attacking the woman
June 30 at a mountain resort near Edwards where she worked and he
was a guest. Bryant says the two had consensual sex.
Prosecutors and court officials had not expected Bryant to enter
a plea until his arraignment, which hasn’t been scheduled.
When Bryant does enter his plea, state law requires the trial must
be scheduled within six months unless he waives the speedy-trial
right.
Jim Farenholtz, a defense attorney and former prosecutor in
Eagle, said he was surprised Hurlbert did not press for a trial
date, since sexual assault cases get priority. He said he believes
the trial will begin sometime between May and July, around the end
of the NBA season.
Bryant’s previous court appearances were before an Eagle County
judge, whose job was to determine whether the evidence was
sufficient for a trial.
During his preliminary hearing last month, a sheriff’s
investigator testified the accuser’s blood was found on Bryant’s
T-shirt. Defense attorneys suggested the woman was promiscuous.
District Attorney Mark Hurlbert indicated today he will try to keep a
defense expert out of the laboratory when Colorado Bureau of
Investigation experts test unidentified evidence in the case.
Ruckriegle said the tests must be completed in 30 days and that
Bryant’s attorneys must be notified before any tests that could
destroy evidence.
Legal experts said such evidence could include blood, semen and
pubic hair. Defense attorney Bruce Carey said he was confused by
the prosecution’s effort to keep the defense out of the lab.
“It stands to reason that they would want the defense expert to
observe testing procedures to make certain they are not accused of
doing anything improper,” he said. “It doesn’t make sense for
them to try to do it unless they are trying to hide something.”
Before the hearing began, about a dozen people rallied outside
the courthouse in support of the 19-year-old woman who has accused
Bryant of assaulting her.
“We are here to remind everyone to treat this sexual assault
case as a serious crime that it is rather than as fodder for
entertainment,” said Robin Finegan, a board member of Colorado
Organization for Victim Assistance.
She criticized a supermarket tabloid for printing the victim’s
name and photograph, and Bryant’s attorneys for using her name
during last month’s preliminary hearing.
Bryant played a night game in Los Angeles Wednesday before
heading to Colorado for his court appearance, scoring 19 points in
a 94-79 victory over the Toronto Raptors.
For video and more, go to 9NEWS.com.
Click here for court documents and rulings in the Bryant case. |