Both sides seek resolution to case that's been slowed by motions

By Charlie Brennan, Rocky Mountain News
April 7, 2004

Prosecutors and defense lawyers in the Kobe Bryant case agree it's time for the Los Angeles Lakers star to enter a plea and be assigned a trial date.

But that may be the only source of agreement.

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Bryant defender Hal Haddon, in a court document made public Tuesday, said Bryant is anxious for a resolution of the sexual assault charge that has loomed over him for more than nine months.

"The accuser's false accusation of rape has exacted a personal and professional toll on Mr. Bryant that is as incalculable as it is indescribable," Haddon stated. "No one looks forward to this case being over more than Mr. Bryant."

Haddon's filing was in answer to Friday's motion by Eagle County District Attorney Mark Hurlbert, which also urged District Judge Terry Ruckriegle to push the case forward to a trial and a resolution.

Hurlbert had pressed for a trial date, for the benefit of the alleged victim.

"The emotional and mental toll on her is truly devastating as this case lingers on," Hurlbert had stated.

And last month, at Bryant's most recent pretrial hearing, an attorney for the 19-year-old Eagle woman had also pleaded that a trial date to be set. His motion was backed up by a letter from the alleged victim's mother, which said her daughter has received hundreds of death threats, has lived in four states in the past six months in a losing quest for privacy, and that her life will remain "on hold" until the case is decided.

In most Colorado jurisdictions, an arraignment and the setting of a trial date typically immediately follow a defendant's preliminary hearing. Bryant's two-day preliminary hearing occurred in October.

Judges in Eagle County, however, prefer to first hear and resolve most pretrial motions - as Ruckriegle is doing - then allow a defendant to enter a plea and receive a trial date.

Prosecutors and defense lawyers in Bryant's case disagree sharply over who's to blame for the fact that more than nine months have passed since Bryant's July 4 arrest, with still no trial date on the horizon.

But the fact that the opposing sides are unanimous in wanting to move toward an arraignment - despite the fact that resolutions of several key pretrial motions are outstanding - doesn't guarantee they'll be able to do so.

"I think the judge will say, 'We're going to do this in an orderly fashion,' " said Denver defense lawyer Larry Pozner, formerly president of the National Association of Criminal Defense Lawyers.

"Whether he arraigns Bryant next week or next month, I think the trial was always going to be August-September," Pozner added. "Ruckriegle will say, 'You can arraign him tomorrow and try him in August, or you can arraign him in July - and try him in August.' "

But Pozner believes upcoming rulings Ruckriegle must make on the admissibility of key evidence in the case could well go against the prosecution, likely triggering appeals by Hurlbert's office that would further delay a conclusion in the Bryant saga.

"So," Pozner said, "the trial date doesn't even matter."

Bryant is currently set for at least two more pretrial motions hearings, the next to begin April 26 and last three days - which will coincide with the opening round of the NBA playoffs, in which Bryant's Lakers are assured a slot.

It has been estimated that Bryant's trial, once under way, will last at least two to three weeks.

Bryant, 25, has admitted to committing adultery with his alleged victim last June 30 at the upscale Lodge & Spa at Cordillera in Edwards, where he was a guest and she was an employee. He contends their contact was consensual.

Brennanc@RockyMountainNews.com or 303-892-2742

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