Joe Mahoney © News Kobe Bryant walks through a security checkpoint Thursday morning as he enters the courthouse in Eagle. Bryant made his first appearance in district court before Judge Terry Ruckriegle, who will preside over the basketball star's sexual assault trial. Bryant did not enter a formal plea.

Judge sets two more court dates during 12-minute proceeding

By Peggy Lowe and Charlie Brennan, Rocky Mountain News
November 14, 2003

EAGLE - NBA star Kobe Bryant began his trek to District Court trial Thursday with a 12-minute formality, and for the first time the alleged rape victim's family attended a hearing.

The Eagle woman's parents, two brothers and a cousin - seeing Bryant in person for the first time - sat impassively in the front row behind prosecutors at the Eagle County Justice Center. Bryant and his team of lawyers and bodyguards sat on the opposite side of the courtroom.

A solemn Bryant, wearing a silver-gray suit and black buttoned-up shirt, sat with his hands folded in his first appearance before the judge who will oversee his trial, Eagle County District Court Judge Terry Ruckriegle. Bryant didn't look at the alleged victim's family as he left the courtroom and they only occasionally glanced over at him.

As expected, Bryant didn't enter a plea - meaning Colorado's speedy trial rule has not begun to run - and his attorney, Pamela Mackey, waived formal reading of his rights and the charge against him.

"I've fully advised my client of the charges against him and the possible penalty," she said.

Bryant, charged with sexual assault, faces four years to life in prison or 20 years to life on parole if convicted. He denies the charge and says the June 30 sexual encounter at a luxury resort near here was consensual.

Ruckriegle continued Bryant's $25,000 bond and set new dates for motions hearings - the next steps in what's expected to be a long road to a two- to three-week trial next year.

Bryant's trip, sandwiched in between two home games for the Los Angeles Lakers, was his fourth to Eagle for legal proceedings. The appearance by the alleged victim's family was a surprise, and whispers from reporters who recognized them started floating around the courtroom after they entered about 15 minutes before the 9 a.m. hearing.

"They felt it was important to let people know there is a real person in this case and that she has support," said Krista Flannigan, the Eagle County District Attorney's spokeswoman.

The family followed Bryant and his entourage out of the courtroom and were whisked out a side exit and into the DA's office. As usual, Bryant left by the front door, staying unemotional and not offering any recognition to the phalanx of reporters and cameras.

During the short hearing, Ruckriegle ordered Hurlbert to give to Bryant's team within 30 days a notice of any scientific testing that's being done by the Colorado Bureau of Investigation.

Hurlbert also requested an evidentiary hearing on that testing and on "whether there's contamination issues" with it.

Hurlbert didn't mention just what it is being tested, and it could be a number of things, including Bryant's DNA, the semen from an unknown man that was found in the woman's underwear at her sexual assault exam or evidence taken from Bryant's hotel room.

"There's some kind of evidence that is very important and there's so little of it that to test it is to destroy it. That's what's going on here," said Dan Recht, a Denver defense attorney who watched a direct video feed set up in a heated media tent on the justice center's west lawn.

Bryant won't enter a plea until after at least two motions hearings - set for Dec. 19 and Jan. 23. When he makes his plea, Colorado's speedy-trial law kicks in, giving the state six months to hold the trial.

Most defense attorneys say a defendant wants any extra time he can get - as long as he's out of prison - for further investigation of the case, among other things.

"The defense is hoping to see this trial occur after the basketball season has ended," said Recht.

Flannigan said prosecutors are not worried that they won't be bringing Bryant to trial swiftly and it wasn't unusual to put off the plea.

"The district attorney is not concerned about the pace of the case," said Flannigan.

The anticipated timing, she said, "was a decision that was mutual among all sides, including the judge. Trust me. Everybody's happy - I mean, everybody's satisfied with the way things are progressing."

At the next hearings, Ruckriegle is expected to rule on several outstanding motions, including pretrial publicity, a request by Hurlbert for another investigation into media leaks and motions made by a Greeley hospital that is fighting release of the alleged victim's medical records from a February incident.

At its current pacing, local criminal defense attorney Jim Fahrenholtz said he doesn't expect to see a trial until at least May to July. The NBA playoffs conclude in June.

Other issues to be resolved before a trial begins include debates over the admissibility of Bryant's initial statements to investigators - caught on a hidden audio recording device prior to Bryant's arrest - and the admissibility under Colorado's rape shield laws of other sexual contacts by Bryant's alleged victim.

"There's going to be a lot of issues to be decided, and it is going to take some time for everybody to sort through all of those," Fahrenholtz said.

lowep@RockyMountainNews.com or 303-892-5482

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