The Denver Post

Lawyer: Accuser feels betrayed by system
By Howard Pankratz and Steve Lipsher
Denver Post Staff Writers

Tuesday, July 20, 2004 - Eagle - The lawyer for Kobe Bryant's accuser claimed that she has considered dropping out of the sexual-assault case because mistakes by the court have caused a lack of faith in the judicial system.

In a pretrial hearing Monday, attorney John Clune said the 20-year-old Eagle woman feels betrayed, not by Bryant's defense team or the media, but by the people she trusted most - the judges and the district attorney's office.

"The only time this young woman has considered not going forward with her case is when the people who have been sworn to protect failed," Clune told state District Judge Terry Ruckriegle.

Clune asked the judge to stop all electronic dissemination of information regarding the case, citing two examples that he said devastated the woman: the accidental release of her name in September on the court website and transmission of transcripts from a closed rape-shield hearing June 26.

"The victim sees what is now a pattern of violation from the court," Clune said. "The behavior of the media and the behavior of the defense was anticipated. What was not anticipated was the reaction of the people who are supposed to protect her."

In a morning of open hearings devoted to controlling the pervasive media coverage, Ruckriegle heard arguments on whether to allow cameras in the courtroom for the trial beginning Aug. 27. Also, prosecutors argued that court documents should be held for 24 hours to allow for screening of sensitive information.

Clune said that while he believes the previous releases were "honest mistakes," it is hard to convince the young woman and her family of that when they've had to deal with constant harassment.

"She and her family were receiving two to three calls a minute over five or six weeks," many from people threatening to kill her, Clune said.

However, the NBA star's defense lawyer, Hal Haddon, accused Clune of trying to influence the judge in his rulings on critical issues, including how much of the woman's sexual history jurors can hear.

"This may very well be about Mr. Clune's desire to make a ringing speech about victims' rights," Haddon said. "It is a transparent and outrageous attempt to influence this court."

Former Denver prosecutor Craig Silverman, a media analyst on the case, said the exchange was a display of "multiple levels of psychology and not-so-subtle attempts to influence the judge's decisions."

Clune said he thinks the public should still be able to go to the clerk's office and obtain the public documents. But he wants the website shut down, noting that without the postings, there will be less potential for accidental distribution. It also will limit the widespread distribution of damaging information should another error occur, he said.

Bryant, on the other hand, is fighting the request that cameras be permitted in the courtroom - including the request by Court TV for two cameras.

Haddon argued in a motion filed with Ruckriegle that cameras present a "dangerous harm" to Bryant's fair trial rights.

"As the court is aware, this prosecution has engendered a media frenzy, physical threats against trial participants - including Mr. Bryant and his counsel - reluctance by at least one witness to provide potentially relevant evidence to the defense," Haddon said.

Haddon also fears that cameras may make jurors feel pressured to deliver a verdict that is "popular."

Further, Haddon argued that both Bryant and his accuser oppose cameras because there will be testimony about the sexual encounter the two had last summer - she claims it was rape, Bryant claims it was consensual.

"It is difficult enough to testify about the details of a private sexual act in the confines of a solemn and dignified courtroom," Haddon said. "All pretense of privacy and dignity is abandoned by allowing verbatim, televised coverage of such testimony for transmission to the world."

Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com . Staff writer Steve Lipsher can be reached at 970-513-9495 or slipsher@denverpost.com .