The Denver Post

Judge clears way for release of Bryant-case evidence
By Jon Sarche
The Associated Press

Wednesday, September 29, 2004 -

A judge today cleared the way for the release of reams of documents and other evidence in the Kobe Bryant sexual assault case when he formally accepted the withdrawal of Bryant's request to seal all the court filings.

There was no word on when any of the material would be released.

Workers in the Eagle County Sheriff's Department were poring over the records in their possession, removing the name of the accuser and some information that would be illegal to make public. State privacy law prohibits the release of such material as mental health records.

The district attorney's office, which also holds some of the material, did not immediately return phone calls seeking comment.

Prosecutors dropped the felony sexual assault charge against Bryant on Sept. 1 at the request of the alleged victim. Several news organizations then requested access to the sealed portion of the case file, including evidence and witness statements.

District Judge Richard Hart temporarily blocked release of the records at the request of Bryant's attorney, Pamela Mackey, who wanted time to argue that they should be permanently sealed.

She said the records contained embarrassing information and that there was no legitimate need to release them.

The temporary seal expired Tuesday night, and Mackey withdrew the request for a permanent seal Tuesday, saying that as long as prosecutors released all documents - not just those harmful to Bryant - she believed the public should be able to see them to review actions and decisions by prosecutors and investigators.

District Attorney Mark Hurlbert wrote Mackey that he had "no agenda to discredit you or your client" and that he intended to withhold some information that could be embarrassing for Bryant, such as evidence about his sexual history.

Hart canceled a hearing that had been scheduled for Friday to discuss Bryant's request to permanently seal the documents.

Attorneys for news organizations had opposed Bryant's request to permanently seal the documents. Prosecutors and attorneys for the 20-year-old alleged victim also had argued that the request should be denied, saying the public's right to review the information outweighs Bryant's right to privacy.

Still pending is Mackey's request for an investigation to determine who leaked an audio recording and transcript of Bryant's interview with investigators the night after the alleged attack in June 2003.

A version of the transcript was published in the Vail Daily two weeks ago.

The alleged victim has sued Bryant, 26, in federal court in Denver, seeking unspecified damages for pain and suffering she says she has suffered since she accused Bryant of rape.