The Denver Post
Order in Bryant case at issue
Wednesday, June 30, 2004 -
The Colorado Supreme Court has asked the judge in the Kobe Bryant sex-assault case to explain why he ordered news organizations not to publish a transcript of a closed-door rape-shield hearing in the case.
The transcript of the hearing was mistakenly e-mailed to seven media outlets, including The Denver Post, last Thursday by a veteran court reporter. The justices told state District Judge Terry Ruckriegle to respond in writing by Friday. It also set a Friday deadline for responses from the prosecutor in the case, Mark Hurlbert; Bryant lawyers Pamela Mackey and Hal Haddon; and John Clune, the lawyer who represents Bryant's alleged victim. The 206 pages of documents entail full transcripts of hearings on June 21 and 22, including 1 1/2 days of hearings to determine if a jury will hear anything about the sexual history of the accuser. That history is presumed irrelevant unless Bryant's lawyers can show it is relevant to his defense. The media claim that Ruckriegle's order not to publish is censorship or unconstitutional prior restraint. Various legal analysts believe that the media organizations will win. But then the organizations will have to make an ethical decision whether to print, they said. "I think you win. What you win is the right to make the decision," said Phil Cherner, a Denver lawyer who specializes in legal ethics. "They (the Supreme Court) are not going to let a judge tell you what you can print." Colorado's rape-shield law allows a judge to hold a closed, nonpublic hearing if defense attorneys present the judge with affidavits that shows the accuser's sexual history might be relevant. Cynthia Stone, media coordinator for the Colorado Coalition Against Sexual Assault, said she hopes the media won't print the transcripts. "There may be a right, but is it the right thing to do?" Stone said. She said publication would undermine the rape-shield process, intrude on the privacy of the alleged victim and be a disservice to the public because the transcript "is just one tiny piece of the puzzle." |