The Denver Post
Trial preparation upset Bryant's accuser
Sunday, November 07, 2004 -
Just days before jury selection started in the Kobe Bryant sexual-assault trial, the NBA star's accuser was subjected to a lengthy and tough cross-examination by a prosecutor role-playing as a defense attorney.
The cross-examination in late August by the "defense attorney," and the subsequent re-direct examination of the accuser by prosecutor Dana Easter, sometimes left the 20-year-old in tears. It was excruciating, as it is for many alleged victims who participate in mock examinations before trial, said Krista Flannigan, a victim advocate who was present at the secret courtroom drama in Golden. The woman, who said she was raped by Bryant on June 30, 2003, at the Lodge & Spa at Cordillera near Edwards, was asked by prosecutors to take part in the two- hour session. "What was explained to her is that in sex-assault cases, we typically do a mock examination to prepare the victim, and we would like her to do that also," Flannigan said Saturday. At times, the alleged victim cried. This was particularly true when asked to recount the alleged assault by the defense attorney, who acted like he didn't believe a word she said, Flannigan said. Although the accuser broke down at times, Flannigan said, the woman stood up well and indicated she was ready for trial. Her reaction was normal. "She did a great job," Flannigan said. "We were very impressed. She withstood the questioning, and we felt very confident she would do well under cross-examination at the trial." The Los Angeles Times ran a story on its website Friday evening that laid out a similar scenario of what happened during the session in Golden. The accuser consistently told the same story despite the rough questioning, Flannigan said. Flannigan has been the spokeswoman for District Attorney Mark Hurlbert, who filed and later dismissed the case against Bryant. At one point, the "defense attorney" sharply questioned the accuser about her claim that she and Bryant kissed for five minutes. Over a five-minute period, he looked at his watch. Every 15 to 30 seconds he asked the woman if this was the amount of time they kissed. At the end, the woman said the kissing may not have lasted five minutes. She was upset that prosecutors might question her credibility. But Flannigan told her that distortion of time is something victims experience during a crime and that her inability to precisely tell didn't indicate she was lying. On the eve of the trial, Hurlbert dropped the case against Bryant, who said the encounter was consensual, after the woman said she did not wish to go forward and was incapable of doing so. Lin Wood, one of the lawyers who represents the woman in a civil suit against Bryant and was present for the mock examination, said he viewed what happened in a darker light. He said that some have called what happened to his client a disaster. "But it was not a disaster because my client was not able to effectively testify," Wood said. "It was a disaster because she had not been properly prepared for the mock cross-examination." Prosecutors never conducted a direct examination with the woman and instead launched into the hostile questions expected by the defense, without first telling her what to expect, Wood said. But Flannigan defended the practice, saying it is excellent preparation for a witness and the prosecution. And she said Wood made the point that he thought the mock cross-examination was a turning point that led to her decision not to go forward with the criminal case. Flannigan said the alleged victim never told her that, and they talked about it. "We did not have any indication when this was over that she did not want to go forward," Flannigan said of the mock examination. Flannigan said she believes the woman's decision was an accumulation of things - her fear that the harassment and deaths threats would continue and her inability to have a life. But Wood said his client felt she had little chance of winning justice because of the mistaken release of confidential information by the court, death threats and a feuding prosecution team. Even so, if the accuser's confidence had been bolstered rather than shaken during the mock cross-examination, Wood said he had no doubt the case would have gone to trial. Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com . |