The Denver Post
Ruling for Bryant remains intact
Tuesday, August 17, 2004 -
Eagle - The Colorado Supreme Court refused Monday to review a lower-court decision permitting Kobe Bryant's defense attorneys to introduce evidence at trial about his accuser's possible sexual activity with another man.
Meanwhile, the basketball star returned to court Monday for a hearing on procedures and motions just 11 days before jury selection is to begin, apparently bracing for a bruising trial on whether he sexually assaulted the then 19-year-old hotel clerk. Last week, District Attorney Mark Hurlbert asked District Judge Terry Ruckriegle to delay the trial but was denied. He also requested that the Supreme Court review the ruling allowing the defense to present evidence about the woman's sexual activity during a 72-hour period that surrounded her encounter with Bryant. Only two of the seven justices, Ben Coats and Gregory Hobbs, indicated they would have granted a full review, which could have delayed the beginning of jury selection scheduled for Aug. 27, when prospective jurors will be asked to fill out a questionnaire. "That was the last realistic hope of prosecutors to delay the trial," said legal analyst Craig Silverman, who has followed the case closely. Krista Flannigan, spokeswoman for the DA's office, immediately issued a brief statement that the criminal case would continue, although prosecutors have argued that the woman's sexual history is irrelevant to the case. Individual interviews of jurors by the defense and prosecution are set to begin behind closed doors on Aug. 30. Opening statements are expected on Sept. 7. In a public hearing Monday that lasted about 30 minutes before recessing into closed-door proceedings, attorneys sparred over whether to require the testimony of every single person who handled the DNA evidence Prosecutor Dana Easter subtly suggested that there may have been some tampering along the "chain of custody" that would require each technician to testify. "I can assure you it's not for purposes of harassment that we filed that," she told the judge. "We have some concerns that I cannot raise in open court today." Defense attorney Hal Haddon said the request would require the defense to subpoena a number of employees from Technical Associates - the private DNA lab working on behalf of the defense - as well as from the Colorado Bureau of Investigation. In naming the CBI, Haddon reaffirmed that the defense plans to call analysts from the state investigative agency to bolster its take on the DNA evidence, namely the presence of another man's semen in the accuser's underwear and on her body. Although defense attorneys will be able to present evidence that the woman may have had sex with another man in the hours immediately after her June 30, 2003, encounter with the Los Angeles Lakers all-star, their efforts to further undermine her credibility have been sharply curtailed.
Click here for the official court website with court orders and other documents in the People v. Bryant case.
Click here for The Denver Post's graphic on the events of June 30.
Click here for the 9NEWS archive on the case.
Click here for the CourtTV archive on the case.
On Friday, Ruckriegle refused a defense request to tell the jury of previous mental-health or substance-abuse problems the woman may have had. The judge specifically said that he was prohibiting the defense to tell the jury of "the accuser's purported suicide attempts and prescribed medication." Ruckriegle also ruled in mid-July that Bryant's statements to detectives - none of which have been made public - can be heard by the jury. The defense had fought to keep the statements out. The criminal case has been complicated by the fact that last week the woman filed a civil lawsuit against Bryant in federal court in Denver. Bryant, 25, has admitted to committing adultery in his room at the Lodge & Spa at Cordillera, but he says the liaison with the front-desk clerk was consensual. Legal observers said defense attorneys undoubtedly will bring up the civil filing and claim the woman made up the rape allegation for an obvious motive: to obtain money from a highly paid professional basketball player. 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 . |