By The Associated Press
October 20, 2003

EAGLE - NBA star Kobe Bryant must stand trial on a charge of sexually assaulting a 19-year-old resort worker, a judge ruled today, clearing the way for a celebrity trial the likes of which hasn't been seen since O.J. Simpson.

Eagle County Judge Frederick Gannett said prosecutors presented enough evidence Bryant might have committed the crime June 30. The Los Angeles Lakers guard could face a life sentence if convicted.

His next appearance, in district court, is set for Nov. 10.

Bryant, 25, has said the sex was consensual. His attorneys suggested the woman's injuries came during sex with other men in the days before her encounter with Bryant at a posh resort in nearby Edwards.

The defense can appeal Gannett's ruling, but such appeals are rare, legal experts said.

At Bryant's first appearance in state district court he will be advised of his rights, of the charge and of the possible penalties.

He could enter a plea during that hearing.

Unless Bryant waives his right to a speedy trial, the trial would be scheduled within six months of his plea.

Prosecutors in Colorado almost always succeed in persuading a judge to order a trial after a preliminary hearing because the standard of proof required is relatively low. Allegations are usually enough to advance the case to a higher court for trial, where the standard of proof is much higher.

Gannett said that although prosecutors presented "a minimal amount of evidence," what they did show suggested "submission and force." The evidence included photographs of the woman's injuries, as well as blood on her underwear and on Bryant's T-shirt.

District Attorney Mark Hurlbert said he was "pleased" by the decision, "although we had confidence all along in the case." Bryant's attorneys did not immediately return a telephone call seeking comment. John Clune, the lawyer representing Bryant's accuser, declined comment.

Before the ruling, the Lakers wrapped up practice at their El Segundo, Calif., facility and Bryant was asked about the decision that would be coming out of the Colorado courtroom.

"What courtroom?" he said.

Bryant's preliminary hearing lasted nearly two days and included graphic testimony about an encounter prosecutors say turned violent after flirting by both Bryant and his accuser.

Sheriff's Detective Doug Winters testified the woman went to Bryant's room at the Lodge & Spa at Cordillera shortly after checking in him and his two bodyguards.

The two chatted and began kissing. But a few minutes later, Bryant grabbed the woman by the throat, bent her over a chair and raped her, asking her several times not to tell anybody, Winters testified.

She told Bryant "no" at least twice, and he stopped only after she pulled his hand off her neck, Winters said.

The woman was left with vaginal tears consistent with assault and her blood was found on Bryant's shirt, Winters said.

But he acknowledged under cross-examination by defense attorney Pamela Mackey that the woman had sex with another man shortly before her encounter with Bryant. She also didn't tell Winters initially that she had said "no."

The defense argued that semen and pubic hair found in the woman's underwear that weren't from Bryant prove he is innocent of rape - an argument ridiculed by prosecutor Greg Crittenden. He said the evidence of rape was "uncontradicted." At trial, any discussion of the woman's sexual history could be limited by Colorado's rape shield law, unless Bryant's attorneys successfully argue the evidence fits into one of the few exceptions.

Prosecutors, however, must convince a jury that a woman flattered by Bryant's attention had no intention of having sex with him as they kissed. Winters acknowledged she told him she expected Bryant to "put a move" on her when she accepted the invitation to his room.

Hurlbert has said he held back some evidence, knowing a preliminary hearing requires a judge to look at the evidence in a way that is most favorable to prosecutors.

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