Tapes to detectives admissable, but exam evidence thrown out

By Charlie Brennan, Rocky Mountain News
July 15, 2004

Kobe Bryant's defense team suffered a blow Wednesday when the trial judge decided that Bryant's taped statement to detectives can be used as evidence against him.

Additionally, Chief District Judge Terry Ruckriegle ruled that the seizure of several items of Bryant's clothing - including a white Nike T-shirt lightly stained with traces of his alleged victim's blood - was proper and that that evidence will be admitted.

Advertisement

Bryant did claim a more modest victory of his own, however. Ruckriegle said that the circumstances under which Bryant was subjected to a "rape kit" hospital examination were improper and that evidence such as his blood and hair collected during that procedure at a Glenwood Springs hospital will be inadmissible.

"In the end, I suppose these rulings are somewhat helpful to the prosecution," said attorney Dan -Recht, past president of the Colorado Criminal Defense Bar.

"They want to present his statement, and they're going to get to. And they want to present the T-shirt, and they're going to get to. But none of these make or break the case for either side."

And, said Denver attorney and legal analyst Scott Robinson, "It's tempting to say that this is a smashing defeat for the defense, but the extent to which this will come into play as a factor in the trial of Bryant will depend entirely on what he said and what the context was."

Bryant's trial for the alleged sexual assault of a then-19-year-old concierge at the Lodge & Spa at Cordillera on June 30, 2003, is scheduled to begin Aug. 27 at Eagle County District Court.

Bryant, the 25-year-old Los Angeles Lakers star and six-time NBA All-Star, contends their encounter was consensual.

Bryant's questioning began when sheriff's detectives Doug Winters and Dan Loya encountered Bryant and a member of his private security detail outside the Cordillera about 12:30 a.m. July 2, little more than 24 hours after the sexual encounter.

Their conversation continued inside Bryant's room at Cordillera.

Bryant's lawyers had argued that his statement to investigators should be suppressed.

Detectives, they said, failed to advise Bryant of his Miranda rights, thereby violating his Fifth Amendment rights against self-incrimination.

Defense lawyers have also challenged the quality of the recording and Ruckriegle's order acknowledged that "significant portions" are inaudible, particularly many of Bryant's answers.

"If the purpose of the surreptitious recording was to capture the suspect's answers, it was significantly ineffective," Ruckriegle stated.

Ruckriegle ruled Bryant was not in legal custody during the 75-minute interview, captured on a small recorder secreted in a detective's shirt pocket.

Accordingly, the judge determined, prosecutors will be free also to introduce as evidence the clothes Bryant was wearing during his encounter with the young woman, which he voluntarily surrendered during the interview.

The detectives had gone to the Cordillera armed with a signed warrant empowering them to take physical specimens from Bryant - but did not mention that to him until near the conclusion of their visit that night.

It was only then, Ruckriegle stated, that Bryant became emotional, "occasionally crying," and - according to a defense audio expert who reviewed the tape - stating "I won't."

At that point in the tape, Winters is heard to say, "I have a court order, so it doesn't matter whether you consent to it or not."

Critical to this issue, Ruckriegle ruled, is that Colorado law does not allow execution of such a warrant at night, unless that is specifically authorized by the judge who signed it.

Therefore, any comments made by Bryant after Winters first mentioned that order, and all physical evidence taken during his physical examination, won't be admitted at trial.

What the ruling means

• Can be used as evidence: Kobe Bryant's taped statement to detectives and several items seized from Bryant.

• What can't be used as evidence: A hospital examination of Bryant.

• The significance: Legal analysts said the rulings can be "somewhat helpful" to the prosecution but don't make or break the case of either side.

brennanc@RockyMountainNews.com or 303-892-2742

Copyright 2004, Rocky Mountain News. All Rights Reserved.