The Denver Post
Ruckriegle to consider request for DNA hearing
Friday, August 27, 2004 - Eagle - The judge in the Kobe Bryant rape trial reluctantly agreed Thursday to consider prosecutors' request for a hearing to determine if DNA evidence had been contaminated by defense experts.
District Judge Terry Ruckriegle said he was not pleased with the timing of the allegations "on the eve of trial." During an emergency pretrial hearing, prosecutor Dana Easter argued that DNA evidence handled by defense experts had been contaminated and that reports from defense experts had been, in some instances, "whited out." Potential jurors in the case are expected to report to court today. Jury selection is expected to begin Monday. Despite his misgivings, the judge said prosecutors could submit a formal motion for a "Shreck hearing," during which Ruckriegle would consider whether the defense's DNA evidence is reliable. If he approves the motion, the hearing is likely to occur after jury selection but before opening statements. Prosecutors also want the defense to provide background information on members of the defense DNA team as well as their DNA profiles. Easter further requested the originals of defense DNA reports that she said had been whited out. Hal Haddon, one of Bryant's defense team, said that the defense had turned over such material and that the whited-out portions of reports contained material about unrelated cases. Prosecutors were making the allegations at the eleventh hour to drum up sympathy for Bryant's accuser, Haddon said. "These claims are nonsense. They are simply false," he said. "It is a bogus issue. It is not worthy for professional discussion." Easter disagreed and said it was critical that the allegations be heard by Ruckriegle. "This is not bogus, and it is very, very important," Easter said. Bryant, 26, is accused of raping a 19-year-old hotel clerk in June 2003 while he was in Eagle County for offseason knee surgery. The basketball star admitted having sex with the woman but says the liaison was consensual.
Click here for the official court website with officials court orders, filings and documents in the People v. Bryant case.
Click here to see a copy of the felony charges against Bryant in the PDF format. case.
Click here for a chronology of the Bryant case.
Click here for The Denver Post's graphic describing the events of June 30, 2003.
Click here for an interactive presentation on Bryant's career.
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Karen Steinhauser, a law professor at the University of Denver, expects Ruckriegle to grant the request for a hearing because "it's incredibly important to the truth-seeking process." Shreck hearings, Steinhauser said, are intended to satisfy the judge that an expert is qualified and that evidence is reliable. "While the judge I'm sure may not be pleased at the timing of this, it is an important decision for the court to make." If the judge rules the defense's DNA evidence inadmissable, Silverman said defense attorneys are likely to seek to hire new experts and a new lab, meaning the trial would have to be continued. |