The Denver Post
Judge's temporary order seals Bryant case records
Friday, September 10, 2004 -
A sweeping emergency order has been issued prohibiting release of records from the Kobe Bryant criminal case that was dismissed last week.
The temporary order was issued late Wednesday by Eagle District Judge Richard Hart at the request of Pam Mackey, who represents the NBA star. Mackey sought the order after at least six media entities formally requested the records from Eagle County officials and the Colorado Bureau of Investigation. Mackey told Hart that Colorado law provides that a defendant may petition to seal the criminal justice records of a case that has been completely dismissed. District Attorney Mark Hurlbert dismissed the case Sept. 1 after Bryant's accuser, now 20, said she was unwilling and unable to go forward. The accuser promised - in return for an apology from Bryant - that she would not seek to have the criminal case refiled. In the apology, Bryant maintained that the encounter on June 30, 2003, was consensual but said that "I recognize now that she did not and does not view this incident the same way I did." Mackey said the release of the records would harm Bryant's privacy and his right to a "presumption of innocence." "Mr. Bryant is innocent," Mackey said. "No member of the media or the public can demonstrate any legitimate interest in the 'most sensitive graphic and intimate details of the (trial) participants' genitalia, sexual conduct, intimate personal relationships and private emotions." Prosecutor Dana Easter this week already has publicly discussed some of what she says Bryant told detectives, including the manner in which Bryant said the two had sex. Steve Zansberg, a lawyer representing The Denver Post and other news organizations, said he anticipates that his clients will move shortly to challenge Bryant's attempt to permanently seal the entire file. The temporary restraining order issued by Hart expires on Sept. 18 unless a hearing is held sooner. The media organizations have previously asked District Judge Terry Ruckriegle to unseal 36 documents or exhibits, including Bryant's statements to investigators. |