Judge strikes down prosecution's bid; start date Aug. 27

By Charlie Brennan, Rocky Mountain News
August 14, 2004

The Kobe Bryant sexual assault trial will go forward as scheduled, a judge ruled late Friday.

Chief District Judge Terry Ruckriegle dealt Bryant's prosecutors a blow - but one that was widely expected - rejecting the delay they sought in a motion filed earlier in the week.

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Bryant's trial, anticipated to last at least three weeks, is set to begin in Eagle County District Court on Aug. 27 with jury selection. Opening statements are expected by Sept. 7.

A spokeswoman for Eagle County District Attorney Mark Hurlbert said she was limited by a recent gag order in the comments she could make about the two-page ruling.

"What I can tell is, is that we're still going forward," said Krista Flannigan. "There is no change in plans regarding the prosecution of this case."

Bryant is charged with a Class Three felony of sexual assault with the use of force and could be sentenced to four years to life in prison if convicted.

The six-time NBA all-star is charged with raping a then-19-year-old concierge on June 30, 2003, in his room at the upscale Lodge & Spa at Cordillera in Edwards, where he was a guest and she was employed.

Prosecutors on Friday did claim one significant victory when Ruckriegle ruled that Bryant's lawyers won't be permitted to introduce evidence of the young woman's possible drug and alcohol use, or her mental health history, at trial.

Uncertainty on those two points had been one reason cited in the prosecution's bid for a postponement of the trial. Since such evidence is not going to be permitted, Ruckriegle's 13-page order detailing his reasons for keeping it out was issued Friday under seal.

Despite the one prosecution win, legal experts said Ruckriegle's refusal to delay the proceedings could set the stage for the high-profile case against the Los Angeles Lakers star to be shelved completely.

"This ruling holds the prosecution's feet to the fire, and my guess is we're going to see a dismissal before the trial," said Dan Recht, past president of the Colorado Criminal Defense Bar.

"I believe the alleged victim is going to urge the prosecutor to dismiss the case, and the prosecutor is going to abide by her wishes. The reason I say that is because of the actions she and her civil attorneys have taken in the last few days."

On Tuesday, the 20-year-old Eagle woman filed a civil lawsuit against Bryant in U.S. District Court in Denver, charging the same set of facts as are alleged in the rape case.

Some legal experts said it is unusual for a civil action to be filed when a criminal case is still in progress because it enables defense lawyers to confront her at the criminal trial with the accusation that she filed her complaint in the hope of monetary gain.

Others, however, noted that Bryant's lawyers were sure to raise such an accusation during the criminal trial anyway, even if the civil suit had not yet been filed.

Also this week, the young woman's father wrote a scathing letter to Ruckriegle, claiming that errors by the court have devastated the alleged victim and hurt the cause of victims across the country.

An attorney for the young woman, Lin Wood of Atlanta, Ga., declined comment late Friday, citing the gag order.

Defense attorney Pamela Mackey's answering machine carries the message that she cannot return reporters' calls, also due to Ruckriegle's gag order. But earlier Friday, the defense team filed a motion asking that prosecutors' bid for a delay be denied.

In that motion, Mackey took a swipe at the alleged victim, claiming that her filing of a civil lawsuit against Bryant lays bare "her motivation to pursue her false accusation - the hope of a large monetary reward."

At the heart of the prosecution's bid for a delay were complaints about the effect of the accidental release June 24 to seven media organizations of a transcript detailing a June 22 rape shield hearing.

A brief legal battle over whether that document could be published, which reached the U.S. Supreme Court, resulted in Ruckriegle issuing portions of that transcript on Aug. 2, but only those sections dealing with evidence that he ruled admissible at trial.

The transcripts concern DNA evidence of the woman's sexual activity in a 72-hour window around her encounter with Bryant.

Prosecutors complained that the release of those transcript excerpts, followed two days later by a strict gag order, was "extremely harmful to the people's case, particularly given the fact that the prosecution has been unable to respond."

Ruckriegle's ruling Friday points out that he released the document only upon order of the Supreme Court, and that it contained nothing that won't be heard at trial.

The prosecution has appealed the admissibility of limited rape shield evidence at Bryant's trial to the Colorado Supreme Court, and if the state's highest court hears that issue, that could still result in a delay.

Ruckriegle's two-page order, which stated that prosecutors "have failed to present a valid justification" for a delay, was applauded by legal observers.

"The ruling is consistent with Judge Ruckriegle's reputation, and he's keeping a tight rein on the proceedings," said Denver defense lawyer Craig Skinner. "He realizes that this case has the potential to get out of hand, and he's not going to let that happen."

Former Denver prosecutor Craig Silverman called Ruckriegle's decision a "masterful" ruling.

"I think it's well-written, well-reasoned, and he slaps the prosecution with a velvet glove," said Silverman.

Silverman also said Ruckriegle was right to scuttle defense hopes of introducing evidence relating to possible substance abuse by the alleged victim or her mental health history.

"I think those were correct rulings," said Silverman. "After all, even if she has a drug or alcohol problem, there's no evidence it has anything to do with June 30, 2003. This also eliminates any argument that he (Ruckriegle) is biased in favor of the defense."

But Silverman forecast that the criminal case may nevertheless be headed into a dead end.

"In effect, the judge has told the DA to put up or shut up. I think there's a good chance they will shut it down."

Friday's rulings

• Trial delay: Judge denied prosecution motion asking to delay the trial indefinitely. The trial is set to begin Aug. 27.

• Evidence: Defense lawyers can't introduce evidence of the alleged victim's possible drug and alcohol use, or her mental health history.

brennanc@RockyMountainNews.com or 303-892-2742

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