By Charlie Brennan, Rocky Mountain News
August 12, 2004

In yet another twist in the Kobe Bryant sexual assault case, prosecutors filed an appeal Wednesday challenging the admissibility of evidence about the alleged victim's sexual history.

Chief District Judge Terry Ruckriegle ruled July 23 he would permit evidence to be heard concerning the woman's sexual activity in a 72-hour window surrounding the June 30, 2003, encounter between the Los Angeles Lakers star and an Eagle woman, now 20.

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Wednesday's appeal to the Colorado Supreme Court and supporting documents were filed under seal.

In a prepared statement, prosecution spokeswoman Krista Flannigan said: "Once the Colorado Supreme Court has made a determination as to whether or not (to) accept the case for review (possibly within 10 days), this office will once again issue a press release."

Earlier Wednesday, Eagle District Attorney Mark Hurlbert's team filed a motion seeking a delay in the trial, set to begin Aug. 27. No decision has been made on that request.

The timing of Wednesday's appeal of Ruckriegle's decision "appears connected to the prosecution request for a continuance" of the trial date "and somewhat cleverly so," Denver defense attorney and legal analyst Scott Robinson said.

"If the Supreme Court takes the case . . . they will issue a stay, which will accomplish exactly what the prosecution wants - an indefinite continuance until the appeal is resolved."

Robinson said it's not easy to handicap how the state's highest court might respond.

"The Supreme Court is very choosy about these sorts of appeals," he said.

brennanc@RockyMountainNews.com or 303-892-2742

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