Bryant's attorneys want open records

By Charlie Brennan, Rocky Mountain News
September 28, 2004

Kobe Bryant's alleged victim took back part of her statements to investigators just one month before her case was dismissed, according to court documents made public Monday.

Bryant's legal team on Monday announced it is dropping its request that the Los Angeles Lakers star's arrest and criminal records be sealed, noting that Eagle County District Attorney Mark Hurlbert last week had filed his own opposition to those records being sealed.

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In joining the prosecution's advocacy that Bryant records should now be open to public inspection, defense lawyer Pamela Mackey stated in a new case filing that for the public interest to be served, "the public and the media would need to know all of the information available to the prosecution and law enforcement - not just that related to Mr. Bryant."

Attached to Monday's filing by Mackey was a letter she sent to Hurlbert on Wednesday.

In the letter, she said that records in the possession of Hurlbert and Eagle County Sheriff Joseph Hoy are "highly damaging to the prosecution," support Bryant's account of his sexual encounter with his alleged victim, and "reveal unprofessional, unethical and otherwise unlawful or improper conduct" by investigators and members of the prosecution team.

Mackey's letter goes on to list a number of specific records that must be released, she said, to give an accurate account of the Bryant case.

Included in Mackey's list were:

• "Letter from complaining witness dated July 31, 2004, retracting portions of her statements given on July 1 and Sept. 12, 2003."

• "Exculpatory evidence provided to the prosecution by CBI including Agent (Yvonne) Woods' conclusions about the veracity of the complaining witness as discussed with (prosecutor) Ms. (Dana) Easter in February 2004."

• "Information concerning your office's failure to test evidence."

Bryant, a six-time NBA all-star, had been slated for trial for sexual assault in Eagle County District Court late last month, and jury selection in his highly anticipated trial commenced Aug. 27.

Hurlbert, however, announced Sept. 1 that the charge against Bryant - which could have sent him to prison for life, upon conviction - was being dismissed, because his alleged victim had elected not to go forward.

Prosecution spokeswoman Krista Flannigan, contacted Monday, could not discuss Mackey's reference to the alleged victim's reported changes in her account to investigators.

Calls to John Clune, representing the 20-year-old woman who said she was assaulted by Bryant, were not returned.

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