The Denver Postkobe bryant case
Hurlbert: No apologies after dismissal
Friday, September 03, 2004 - Breckenridge - Mark Hurlbert came into the Kobe Bryant sexual-assault case as a relatively untested and inexperienced prosector.
When the 35-year- old district attorney for Eagle County dismissed the charges on the eve of trial 14 months later, he was bloodied and bruised but unapologetic. "I regret that we could not go to trial and tell the full story. That's the only regret I have," Hurlbert said in an interview Thursday with The Denver Post. On the morning after painfully announcing that the accuser had refused to go forward with the trial, Hurlbert was typically relaxed in his office, the burden of an immense trial off his shoulders, but still carrying the weight of shattered expectations. He maintains that he had enough evidence to meet his ethical requirement for pursuing the case and that it was dropped only because the woman - who has filed a civil lawsuit against Bryant - backed out of the criminal case. "We could have subpoenaed her and brought her in, but that is something that I am unwilling to do - revictimize an already fragile person," Hurlbert said. Critics, however, contend that Hurlbert was in over his head from the beginning, outgunned by Bryant's defense team and unable to keep up with the whirlwind proceedings. On a couple of occasions, Hurlbert had to explain to District Judge Terry Ruckriegle why prosecutors missed filing deadlines or failed to turn over requested information, and on others he seemed ill-prepared to counter defense attacks. "I think the world of most prosecutors," said former Denver prosecutor Craig Silverman, one of Hurlbert's most outspoken critics. "This performance defiles the profession. It was a disaster." Silverman said Hurlbert should have "vetted" the accuser more carefully to brace her for the scrutiny of defense investigators and the media, and he should have gained a solid commitment from her to proceed with the case. Hurlbert countered that victims of crimes - and sex assaults in particular - often struggle with whether to go through the trauma of a trial but that until Tuesday night he was under the impression his 20-year-old accuser was with him. Hurlbert, who was appointed by Gov. Bill Owens to fill a vacancy in December 2002, quickly found himself in the spotlight when he considered - but ultimately declined - filing charges against a skier involved in a fatal collision. The defense attorney in that case: Pamela Mackey, who would serve as one of Bryant's primary lawyers. Six months later, Bryant was arrested and Hurlbert found himself wrestling with whether he had enough evidence to file charges. The decision took two weeks. "I really took my time," he said. "The whole idea that the case was troubled is really something the media made up. ... I knew that this was going to be a huge case, and I wanted to be sure that we were on the right track." He said he had an answer for every defense claim, including the presence of another man's semen on the woman's body and in her underwear. Some experts believed that evidence indicated she may have had sex with another man immediately after her encounter with Bryant. DNA experts for the prosecution, he said, would have testified that the minute traces of semen were old and could not have come from someone else after the encounter. Now Hurlbert will turn his attention to his election campaign, seeking validation for his efforts from the voters for the first time. His opponent, Democrat Bruce Brown, wasted no time in lashing out against Hurlbert, calling the case a "misconceived prosecution." Hurlbert acknowledged that he made some mistakes along the way, but he didn't consider any of them critical to the case. He nonetheless said he learned some valuable lessons from the experience. "I don't see how anybody couldn't be changed by this experience," Hurlbert said. "I think it has really changed me, both as a person and as a prosecutor." Staff writer Steve Lipsher can be reached at 970-513-9495 or slipsher@denverpost.com .
|