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URL: http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2874383,00.html
Bryant arrives; plea expected

By The Associated Press
May 10, 2004

EAGLE - NBA star Kobe Bryant arrived in Colorado today for a three-day hearing that will include his formal plea to a rape charge and more closed-door arguments over evidence in the high-profile case.

The most anticipated moment will be Bryant's arraignment, a formality that is not expected to last more than 10 minutes. Bryant will probably only say two words: "Not guilty." But the plea will trigger a trial within six months unless he waives his right to a speedy trial. The plea isn't expected until Wednesday.

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Bryant, 25, has said he had consensual sex with a 19-year-old woman last June at the Vail-area resort where she worked. If convicted of felony sexual assault, he would face four years to life in prison or 20 years to life on probation.

State District Judge Terry Ruckriegle will allow a TV camera and a newspaper photographer in the courtroom for only the third time in the case. Both will be placed behind Bryant.

"It gives you film of no significance," said Larry Pozner, a former president of the National Association of Criminal Defense Lawyers. "If people want to see Kobe Bryant saying in a hard, strong voice, 'Not guilty,' they get it. But come on, of course only America would put significance on it."

The hearing began a day after the Lakers beat San Antonio in the National Basketball League playoffs. Bryant is expected to play when the two teams play again Tuesday night in Los Angeles, and then return to Eagle for the final day of the hearing.

Key evidentiary issues remain unresolved, including a defense bid to use the woman's sexual history against her at trial.

Bryant's attorneys say injuries to the woman could have come from other sexual partners in the days before her encounter with Bryant. Evidence from underwear the woman wore to a hospital examination did not match Bryant.

The woman's attorney has denied she had sex with anyone after Bryant and before she reported the encounter to police. Prosecutors say her sex life is irrelevant in determining whether she was raped.

Colorado's rape-shield law generally bars defense attorneys from using an alleged victim's sex life as evidence, but there are exceptions. Arguments may also begin this week on a defense motion to declare the statute unconstitutional.

The defense is still trying to admit evidence regarding the woman's mental health history, her purported suicide attempts before her encounter with Bryant and any evidence about her drug and alcohol use.

Ruckriegle also expects to hear from a final witness in the defense's attempt to disqualify evidence that includes Bryant's secretly recorded statements to investigators, a T-shirt stained with the woman's blood and the results of his hospital examination.

Defense attorneys say investigators failed to advise Bryant of his right to remain silent, and botched the execution of a search warrant.

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