Lawyers want rape investigation records closed to the public

By Charlie Brennan, Rocky Mountain News
September 10, 2004

Lawyers for Kobe Bryant are asking that all investigative files relating to the rape charge dismissed against him last week be sealed.

Eagle County District Judge Richard Hart late Wednesday granted an emergency temporary restraining order sought by Bryant's lawyers, which will keep a lid on those files for 10 days, or at least until a hearing on the Bryant team's petition asking for a permanent seal takes place, whichever comes first.

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Colorado Judicial Branch spokesman Karen Salaz said Thursday she did not know when a hearing on Bryant's sealed-records request will be held, but Eagle County Sheriff Joe Hoy said he expects one will take place next week.

Calls to Hart's office on Thursday were not returned. Pamela Mackey, a member of the Bryant defense team, also did not respond to an inquiry on her client's bid for the files to remain off limits to the public.

Bryant, the 26-year-old six-time all star for the Los Angeles Lakers basketball team, had been scheduled for trial this month on a class-three felony charge of rape with the use of force.

Jury selection was well under way when Eagle County District Attorney Mark Hurlbert announced Sept. 1 that the charge against Bryant was being dismissed, and would not be refiled, because the 20-year-old alleged victim had decided she did not want to go forward with her complaint.

The Eagle woman has, however, also filed a civil lawsuit against Bryant for rape at U.S. District Court in Denver, and has not abandoned that claim.

Hoy declined to estimate the size of his department's file on the Bryant investigation, which was launched with the woman's initial complaint July 1, 2003.

"I wouldn't even begin to guess, as far as the documentation," said Hoy. "It's a lot, I can tell you that."

He voiced no preference, one way or the other, as to whether the file should be made available for public review.

"It would have been up to the courts," said Hoy. "Whatever the courts had wanted; that's the way I'm looking at it."

About a half dozen news organizations had requested access to investigative files, said Hoy.

Denver lawyer Steve Zansberg, a First Amendment specialist who has represented numerous news organizations on public record and open-court access issues throughout the Bryant case, said Thursday he expects he'll respond to the Bryant lawyers' latest move next week.

"We're going to be arguing with respect to some of the records that are part of this action, namely the records of Mr. Bryant's statement (to police) that they should be unsealed - though they are presently sealed in the (criminal) court file," said Zansberg.

"There is a strong interest in learning what was the basis for official action."

What's next?

• A hearing is expected next week on a petition by Kobe Bryant's lawyers to permanently seal Eagle County's investigative files related to rape charges against the NBA star.

brennanc@RockyMountainNews.com or 303-892-2742

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