Denver Post
Prosecutor accuses Bryant defense of 'smear'
Tuesday, October 14, 2003 - EAGLE - Information about the sexual history of Kobe Bryant's accuser should not be publicly aired when the preliminary hearing in the basketball star's sex-assault case resumes Wednesday, an angry prosecutor told a judge today.
Prosecutor Ingrid Bakke claimed in a motion released this afternoon that last week defense attorney Pamela Mackey consciously misrepresented such evidence "in order to smear the victim publicly" without telling prosecutors or the judge that she intended to do so. Bakke said prosecutors don't want Mackey to disclose any further evidence of the accuser's past sexual history. "To allow the defense to address sexual history matters of a victim at preliminary hearing, in open court, which are later deemed inappropriate evidence at trial, would completely abrogate the rape shield statute and its purpose," Bakke said. If such evidence is allowed in open court, the effect on potential jurors "will be at best difficult to overcome," she said. "The bell cannot be unrung. It will be difficult enough to overcome Ms. Mackey's misstatement of the facts as it is." Mackey’s voice mail today said she would not return calls from
reporters.
Lawyers for various media outlets, including the The Denver Post, said they will fight the motion to close off access to any evidence that might be presented at Wednesday's hearing, slated to begin at 9 a.m. at the Eagle County courthouse. The preliminary hearing is being held to determine if there's enough evidence to send Bryant's case to trial. Judge Fred Gannett broke off the hearing last Thursday evening after Mackey implied during cross-examination that injuries to the woman accusing Bryant of rape may have been the result of sleeping around with "three men in three days." Her question came after a detective testifying for the prosecution recounted the prosecution's case, saying that the young woman told him she and Bryant were flirting and then kissing before their encounter turned violent and degrading. Bryant, 25, is accused of sexually assaulting a 19-year-old employee of the Lodge & Spa at Cordillera near Edwards on June 30 and could face four years to life in prison if convicted. |