By Charlie Brennan, Rocky Mountain News
June 3, 2004

In the wake of the latest hearing in Kobe Bryant's sexual-assault case, legal experts are questioning whether prosecutors are in over their heads.

A moment that highlighted observers' concerns came May 27 in Eagle County District Court. Chief District Judge Terry Ruckriegle criticized Eagle County District Attorney Mark Hurlbert for failing to file a response to a defense motion that had been due six days earlier.

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Hurlbert, 35, appointed to his job in December 2002, said he had "assumed" the issue would be argued in court - as, in fact, it was - but thought that a written brief, submitted in advance and outlining his position on that issue, wasn't necessary.

"I find it astonishing. I find it quite inexplicable as to why they are missing deadlines," said James Cohen, a professor at the Fordham University School of Law who is following the case closely.

"It is clearly the most important case in the office, although it's not the only case in that office. But it is an office that is large enough to meet deadlines."

Cohen added, "Up until now, I would say they have done an adequate job. . . . But this last set of information is disturbing. When lawyers don't meet deadlines, that's a problem."

David Lugert is a lawyer based in Eagle who spent more than 20 years as a state and federal prosecutor in Colorado - capped by two years in the Eagle County District Attorney's Office. He also was underwhelmed by Hurlbert's performance last Thursday.

"It does seem surprising that the prosecution team, in particular the district attorney, seems unprepared in the courtroom, to the point where Judge Ruckriegle is expressing continuing frustration with the prosecutor's lack of preparation, continued failure to meet deadlines, and what the court itself described as 'fully' and 'wholly' inadequate legal argument," Lugert said.

Several witnesses to Thursday's hearing said watching Hurlbert and Ruckriegle reminded them of an unprepared student trying to explain to his professor a missed assignment - and doing so poorly.

Krista Flannigan, a spokeswoman for Hurlbert's office, also watched the Thursday hearing, seated alongside the parents of Bryant's alleged victim.

"The parents are still very supportive of the district attorney's office and the prosecution team," Flannigan said.

Hurlbert's team features two veteran prosecutors experienced in sexual-assault cases on loan from metro-area offices.

Flannigan did not rule out that more outside help for Hurlbert could be on the way.

"I can't say that there's anything in the works right now, but that's always been a potential."

Former Denver District Attorney Norm Early was also among those watching Hurlbert last Thursday.

"I don't know whether those things are the result of misunderstandings on Hurlbert's part or his team's," Early said. "They don't make him look good, that's for sure. That does not mean that technically, or legally, they are overmatched. It just means they are not crossing the T's and dotting the I's as the court would want them to do."

But Early thinks it's too soon for advocates of the prosecution effort to be sounding the alarm.

"I think the media concentrates on the pro-Kobe issues, but I think the state of their case is fairly good," Early said.

"The real issue is whether they can surmount the difficulty of convicting a celebrity in this country, which is extremely difficult to do."

Hurlbert's team had been scolded by the judge previously.

On Feb. 2, Ruckriegle ordered Hurlbert to turn over cuttings from two pairs of the alleged victim's underwear to the defense by Feb. 28 for independent forensic testing. In a hearing March 1, Ruckriegle was peeved to learn that hadn't been done.

Hurlbert responded that he had interpreted Ruckriegle's order as applying only to DNA samples collected in the so-called rape-kit examination, not the actual undergarments.

After an exchange in which Hurlbert appeared to be telling the judge what the judge had intended by his own ruling, Ruckriegle told the prosecutor, "Sometimes, you just don't want to answer the question."

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