Defense: Gratuitous statement included

By Associated Press
January 10, 2004

Kobe Bryant's attorneys got in a jab at prosecutors Friday in a court filing in which they agreed to allow a detective to measure the NBA star's hand span.

In the filing, Pamela Mackey said Bryant would have complied if prosecutors had simply asked, rather than wasting the judge's time on "an uncontested issue."

"Rather than inquiring of the defense, the prosecution filed a motion which contained an irrelevant and totally gratuitous statement attributed to Mr. Bryant by the accuser," Mackey wrote.

"The alleged statement was wholly irrelevant to the motion, and its inclusion was a transparent attempt to prejudice the jury pool."

Prejudicing the potential jury pool was not the intent of filing the motion, countered prosecution spokeswoman Krista Flannigan. She said it was a routine request to collect a certain type of evidence.

The defense filing referred to a Dec. 12 motion in which prosecutor Ingrid Bakke asked the judge to order Bryant to allow his hands to be measured.

The alleged victim told investigators that Bryant had one hand around her throat during their June 30 encounter at a mountain resort west of Vail, Bakke wrote.

Bryant tightened his grip after asking the 19-year-old woman whether she liked a particular sex act and she responded, "No," Bakke wrote.

This comment was the statement challenged by Mackey.

Bryant, 25, is charged with felony sexual assault. The Los Angeles Lakers guard admitted having sex with the woman, but said it was consensual.

Bryant is scheduled to appear in court in Eagle County for a Jan. 23 hearing, in which attorneys are expected to argue over whether the woman's medical history can be admitted as evidence.

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