Selection halted over concern that some say athlete is innocent

By Peggy Lowe And Charlie Brennan, Rocky Mountain News
September 1, 2004

EAGLE - Prosecutors in the Kobe Bryant rape case briefly stopped secret jury selection Tuesday because they fear potential jurors who think the basketball star is innocent could prejudice others.

Taking a 20-minute break in the second day of questioning of Eagle County residents, prosecutor Ingrid Bakke said she wants potential panel members who think the NBA star is not guilty to be questioned alone and behind closed doors.

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Bakke said many may presume Bryant's innocence, based on what she's seen in their response to Question No. 72 on the 82-question form.

It asks: "Based on what you have read, seen or heard about this case, which of the following reflects your opinion of whether or not Kobe Bryant is guilty or not guilty of the sexual assault charges?"

Jurors were offered a series of boxes to check, and many of those people had checked off "definitely not guilty" or "probably not guilty," Bakke said, adding that much of what they had heard through the media or just gossip won't be admissable at trial.

Hal Haddon, Bryant's attorney, said Bakke's request was an attempt to discredit any juror who checked a box labeled "not guilty." There were just as many people who checked the "guilty" boxes, he said.

But Ruckriegle assured Bakke and Haddon that he won't permit detailed questioning of jurors about their preconceived opinions of the case when the jury selection process moves into open court later this week.

Ruckriegle also reminded the lawyers that they are not to find people who have never heard of the case, nor are they to look for people who don't have opinions.

"The question we need answered is, can they set aside the other information and will they make a determination based only on the evidence presented at trial, and not any other information to which they may have been exposed," Ruckriegle said.

Meanwhile, prosecutors announced Tuesday that they added another attorney to their team a few months ago. Joyce Seelen, 54, is the sixth attorney now working for the district attorney's office on the Bryant case.

Seelen is a longtime Denver lawyer known for her pioneering work in getting civil settlements for women abused by clergy or therapists. A few years ago, she moved to Hawaii to sell real estate. Her company, based in Kailua-Kona, is Action Team Realty Inc.

Defense attorneys contacted Tuesday were shocked that Seelen was placed on the prosecution's side. Jeff Pagliuca, who was Seelen's partner in a firm for 10 years, called it "an act of desperation" by the district attorney's office.

"They obviously don't feel competent enough to handle the case on their own. It seems desperate to me," Pagliuca said. "They must feel they are outgunned and outmanned on this."

In fact, prosecutor Dana Easter last week asked for more time to examine DNA evidence and complained that the district attorney's office doesn't have $12 million to spend, a reference to Bryant's highly paid team of attorneys, investigators and even bodyguards.

Seelen, a former public defender who has never worked as a prosecutor, moved to Hawaii after winning several high-profile cases. One of her most notable cases was Mary Moses Tenantry, who won a $1.2 million lawsuit in 1991 against the Episcopal Diocese of Colorado after she had a sexual relationship with a priest who was counseling her.

The Bryant defense also continues to grow. Monday marked the first courtroom appearance by Ty Gee, 41, another member of the Haddon law firm, who specializes in appellate practice, civil litigation and criminal defense. Gee is the fifth lawyer working for the defense.

It's not the first high-profile case for Gee, who served as a member of the defense team for convicted Oklahoma City bombing conspirator Terry Nichols.

Dan Recht, past president of the Colorado Criminal Defense Bar, said Gee is a brilliant lawyer who works behind the scenes doing research and writing.

"You can be pretty sure he has had a hand in most every pleading filed by the defense," said Recht. "He's the real deal. He writes so well, and he's a legal scholar."

On Tuesday, 82 Eagle County residents were questioned, bringing the number to 164 of the 205 potential jurors in the initial pool.

What's next

• Today: The court hopes to conclude all private questioning of potential jurors in the morning and reduce the pool to "the magic number" - the tally of who will be in the pool and questioned in open court.

Crucial query

Question No. 72 on the 82-question form filled out by potential jurors in the Kobe Bryant rape case:

Based on what you have read, seen, or heard about this case, which of the following reflects your opinion of whether or not Kobe Bryant is guilty or not guilty of the sexual-assault charges:

• Definitely guilty

• Probably guilty

• Possibly guilty

• Possibly not guilty

• Probably not guilty

• Definitely not guilty

• Not enough to decide

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