By Charlie Brennan, Rocky Mountain News
July 3, 2004

The Colorado Attorney General's office Friday entered the legal dispute over a transcript in the Kobe Bryant rape case that fell into reporters' hands by mistake.

News organizations argue they have a right to publish the contents of the transcript from the closed-door hearing.

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The trial judge in the case, Chief District Judge Terry Ruckriegle, disagrees.

Writing on behalf of Ruckriegle, Assistant Attorney General Matthew Grove argued to the Colorado Supreme Court on Friday that upholding the confidentiality of the hearing was of pivotal importance to future proceedings.

The fate of the transcript, which details a June 21-22 "rape shield" hearing, "implicates not only the fundamental rights of at least two individuals, but it also threatens to impair the integrity of the criminal trial process as a whole," Grove argued.

Court reporter Michelle Goodbee accidentally e-mailed transcripts of the hearing - held to assist Ruckriegle in determining what part, if any, of the alleged victim's sexual history will be admissible at Bryant's upcoming trial - to seven news organizations June 24. She had intended to send it to Ruckriegle.

The mistake was caught quickly, and Ruckriegle the same day issued an order that reporters who received it must delete or destroy its contents.

That order was challenged to the Colorado Supreme Court on Monday by the news organizations, which argued that Ruckriegle's demand represented an unconstitutional prior restraint of a free press. The state's highest court Tuesday gave Ruckriegle until Friday to explain in writing why his order to not publish should stand.

Grove's argument on Ruckriegle's behalf contends Ruckriegle's order does not represent prior restraint of the press because the hearing it documents was held behind closed doors.

"The mere fact that the court reporter inadvertently violated that (secrecy) order by releasing the transcripts to the petitioners does not alter the confidential nature of the underlying proceedings," Grove stated.

He contended that the accidental manner in which the transcripts slipped out doesn't change the fact that they were "unlawfully" obtained, since they detail proceedings the judge had ordered to remain confidential.

And even if the state Supreme Court decides that Ruckriegle's order does amount to prior restraint, Grove argued, this is a case where prior restraint of the press is justified.

Prosecutor Matthew Holman on Friday also submitted a brief supporting Ruckriegle and stating that publishing the transcript would make jury selection even more difficult.

brennanc@RockyMountainNews.com or 303-892-2742

Copyright 2004, Rocky Mountain News. All Rights Reserved.