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URL: http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_3120899,00.html
Bryant judge loosens media gag order

By Peggy Lowe, Rocky Mountain News
August 19, 2004

The trial judge in the Kobe Bryant rape case on Wednesday slightly relaxed a media gag order on attorneys, but ordered them to continue to keep quiet so they won't prejudice the jury pool.

In relaxing the ban he issued Aug. 4, District Judge Terry Ruckriegle said he had been worried about statements made by the alleged victim's attorneys, L. Lin Wood and John Clune, which "had greatly escalated in frequency and acrimony in recent weeks."

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He was referring to nationally televised interviews in which the two said the 20-year-old Eagle County woman was worried the trial won't be fair and that she may stop cooperating with prosecutors. Ruckriegle issued the gag order after Bryant's attorneys complained that Wood and Clune were trying to poison the jury pool.

The "inflammatory comments intended merely to undermine and impugn the integrity of the court and the judicial process pose a substantial threat to the ability of the court to conduct a fair trial," Ruckriegle wrote in his initial order.

Scott Robinson, a Denver defense attorney watching the case, said the spirit of Ruckriegle's strict Aug. 4 order remains intact. The judge also is saying attorneys should watch what they say given that the trial is set to start next week, Robinson said.

"On the eve of a trial, in which the vast majority of 5th Judicial District jurors are going to know more than anyone wants them to know, he's saying, 'This is not the time to be on Good Morning America. This is not the time to be filing federal civil suits for the purpose of public opinion manipulation,'" Robinson said.

That is a reference to a civil suit the alleged victim recently filed in federal court in Denver, seeking money for "public scorn, hatred and ridicule."

Ruckriegle's initial order said all attorneys should remain professional and stick to the code of conduct.

"This trial is set to commence in less than two weeks, and the passage of time will not alleviate any prejudice from such pretrial statements," Ruckriegle wrote.

Ruckriegle's new order says attorneys are prohibited from talking about the character and credibility of the alleged victim, Bryant or any witness in the case. The judge also barred statements about expected testimony, the possibility of a plea agreement, Bryant's guilt or innocence, and evidence.

Clune and Wood, and prosecutors, had appealed the gag order, saying it was much too sweeping, barring all statements by everyone, including those who share an office with anyone involved in the case.

Krista Flannigan, a spokeswoman for the district attorney, said the new order is "clear about what our limits are."

Clune, Wood and Bryant's attorneys didn't return calls seeking comment.

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