The Denver Post
Media appeal Bryant order
Thursday, July 22, 2004 -
A U.S. Supreme Court justice was asked Wednesday to stop enforcement of a Colorado Supreme Court ruling that prohibits The Denver Post from publishing a 206-page transcript of a rape-shield hearing in the Kobe Bryant case.
The request was filed with Justice Stephen Breyer. The 35-page application asks Breyer to stay Monday's ruling that blocks the newspaper and six other organizations from publicly disclosing the contents of the transcript made during the June 21-22 hearing. Steven Zansberg, one of the lawyers representing the news organizations, said that, historically, justices have ruled on such requests "extremely rapidly, within a day or two." If Breyer issues a stay of the Colorado ruling, the transcripts could be published without the media being held in contempt, Zansberg said. In Monday's ruling, the state high court said the transcripts could not be published because the privacy of Bryant's alleged victim and the importance of preserving the state rape-shield law outweigh First Amendment rights. The 4-3 ruling upheld District Judge Terry Ruckriegle, who earlier had prohibited the media from publishing the transcript mistakenly sent out by a court reporter. In a vigorous dissent, Colorado Justice Michael Bender said that Ruckriegle's order amounted to prior restraint or censorship in violation of the freedom of the press guarantees in the First Amendment. The media organizations contended that the logic applied by the Colorado Supreme Court "stands the First Amendment on its head." "Censorship is what the First Amendment ultimately seeks to prevent. Prior restraints are particularly repugnant because they constitute the most direct form of government censorship," the groups stated. The state's rape-shield law provides for a judge to hold a closed hearing and determine what, if any, of the alleged victim's sexual history can be heard by a jury. Under Colorado law, a woman's sexual history is presumed irrelevant in a sex-assault case. But that presumption can be overcome if defense attorneys can convince a judge that it is relevant and material to their client's defense. But the news organizations said the bulk of the hearing transcript didn't involve evidence about multiple, past sexual encounters or testimony from a previous sexual partner. Rather, the rape-shield hearing was almost strictly legal argument and one expert witness' testimony that outlined a defense theory about a single sexual encounter. The gist of the defense theory had been disclosed in open court, Breyer was told. Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com .
|