Denver Post
Key points & what's next in the Bryant case
Thursday, October 16, 2003 - The two-day preliminary hearing in the Kobe Bryant sex-assault case allowed both the prosecution and the defense to lay out what they see as the key information about Bryant, his accuser and what allegedly happened the night of June 30. Prosecution points The woman's testimony. The 19-year-old told investigators that she was grabbed by the throat and forced over a chair, where Bryant lifted her skirt, pulled down her panties and sexually assaulted her. Sexual-assault exams. Both the woman and Bryant submitted to exams and turned clothing over to investigators. Although Bryant claims the sexual encounter was consensual, she suffered injuries to her vaginal area that officials say resulted from nonconsensual sex. Additionally, her blood was found inside her panties and on the inside front of his T-shirt. Bryant's comments. Kept secret during the preliminary hearing, a conversation with Bryant that was surreptitiously recorded by investigators that legal experts presume includes his initial denial of a sexual encounter. It may at some point be ruled admissible in court. Other witnesses. Prosecutors want to present at least one "outcry" witness who will attest to the woman's demeanor before and after the incident, and have lined up a slate of experts to discuss injuries she did or did not receive. Defense points The woman's testimony. According to a sheriff's detective, the woman admitted to flirting with Bryant, going to his room with the expectation that he would "put a move" on her, and participating in consensual hugging and kissing. Also, she initially did not recall telling Bryant "no" and said he stopped the alleged attack when she resisted. Sexual-assault exams. Although the panties that the woman was wearing at the time of the incident and the inside front of Bryant's shirt carried her blood on them, a different pair of panties she wore the next day contained semen and pubic hair from another man, and defense attorneys want to show that her injuries could have been caused by sex with someone else. Bryant's comments. If the case goes to trial, Bryant has the right to take the stand and explain his side of the story. As a high-profile and very popular athlete, he is likely to command a certain amount of respect and admiration. Other witnesses. A night auditor at the hotel wrote to investigators that the woman returned from Bryant's room after only 10 minutes and did not indicate there was any trouble. She finished her work for the shift as normal. WHAT'S NEXT If Judge Frederick Gannett decides to bind over the Bryant case for trial in district court, the next step in the case will be an arraignment, at which Bryant will enter a plea and a trial date will be set. If the case is not bound over, prosecutors have 10 days to get the approval of a judge to file the case directly in district court. Such a move is rare following a preliminary hearing where not enough evidence was found to bind over a case. |