The Denver Post
Judge laments effect of releasing transcripts
Tuesday, August 03, 2004 -
The judge presiding over the Kobe Bryant case said Monday he released with great reluctance transcripts of a closed hearing on the application of the rape-shield law.
"The release of these transcripts is contrary to the explicit intent of the Colorado legislature to secure the privacy of alleged victims of sexual assault offenses and other crimes," State District Judge Terry Ruckriegle said. "The effect of this release is to present ... one-sided evidence and argument to the public prior to the selection of a jury and without reference to the totality of the evidence," Ruckriegle said. ourt has struggled for several weeks with the obvious and conflicting convergence of rights presented by this situation." Under Colorado law, a woman's sexual history is presumed irrelevant in a sex-assault case unless defense attorneys can present - at a closed hearing - evidence that it is relevant and may clear their client. Ruckriegle conducted the hearing in accordance with Colorado law. A week ago, he ruled that Bryant's defense team could introduce evidence of the alleged victim's sexual activity with other men during a 72-hour period surrounding her encounter with the basketball star. The transcript was accidentally e-mailed to seven news organizations, including The Denver Post. Ruckriegle promptly ordered them not to publish, a ruling the media fought. "The privacy rights of the alleged victim, the interests of the participants in conducting a fair trial and the First Amendment rights of the media are each significant rights," the judge said. He said the Colorado Supreme Court found the First Amendment to require the release of relevant material and admissible portions of the transcript. "Upon review of the orders of the Colorado Supreme Court and Justice (Stephen) Breyer of the United States Supreme Court, this court ... is compelled to release these transcripts notwithstanding the concern that the release will compromise the rights of some of the participants," the judge said. |