Pamela Mackey, vilified last week, garners respect at Wednesday's hearing

By Peggy Lowe, Rocky Mountain News
October 17, 2003

Pamela Mackey strode into the Eagle County Justice Center in black pumps, a bright red power suit and a smile.

Walking beside her was her client, Kobe Bryant, mirroring Mackey's smile and confidence.

Their demeanor as they entered Wednesday was a brief preview of what was to come during the second day of Bryant's preliminary hearing.

Mackey, vilified for her aggressive performance the week before, combined charm and smarts this week in urging the judge to dismiss the rape charge filed against Bryant.

Bit by bit, Mackey meticulously whittled away at the physical evidence the Eagle County District Attorney's Office says proves Bryant sexually assaulted a 19-year-old woman on June 30. And, Mackey said just before she concluded, the accuser just isn't credible.

"She is not worthy of your belief," Mackey said.

Suddenly, the defense attorney put the prosecution on the defense. Eagle County Judge Frederick Gannett said he would attempt to make his determination by Monday as to whether the case would go to trial.

Eagle County District Attorney Mark Hurlbert would appear outside the courthouse after Wednesday's session to tell reporters that he was confident about his case, that the prosecution had presented only a "sanitized version" of the entire investigation at the preliminary hearing.

But before Bryant could even reach his private jet and depart Eagle, the legal pundits did an about-face. The district attorney's office has a weak case, they said.

It was a far cry from those who called Mackey "sleazy," "despicable" and "contemptible" the week before for suggesting that the alleged victim had had sex with "three men in three days."

"All those people who criticized Pam Mackey as sleazy and unethical owe her an apology," said Craig Silverman, a former Denver prosecutor.

Mackey, who boldly went after Eagle County Sheriff's Detective Doug Winters during the first day of the preliminary hearing on Oct. 9, changed her strategy Wednesday.

She was less aggressive, but effective, pointedly getting Winters, the prosecution's witness, to admit that the alleged victim hadn't initially told him about saying "no" to Bryant. He also had to testify that the underwear the alleged victim wore to her hospital examination contained the semen of another man. And, Winters said, the nurses didn't see any marks on Bryant's body that would suggest a struggle.

Mackey also corrected her mistake of using the victim's name - which she did six times during the Oct. 9 hearing - by writing herself a note. Mackey had "the accuser" written in nearly one-inch type on a single piece of paper she kept with her during Wednesday's hearing, said Silverman, who sat behind her.

Mackey was more subtle on Wednesday, said Andrew Cohen, a CBS news legal analyst. But the press and public also saw the kind of person she really is, he said.

"She in real life is exactly that way," Cohen said. "She's very bright, she's very personable and she's very zealous in her representation of her client. That's what's made her an attorney who has garnered a lot of respect around town."

lowep@RockyMountainNews.com or 303-892-5482

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