Accuser must use her real name in lawsuit, judge rules

By Karen Abbott, Rocky Mountain News
October 7, 2004

A federal judge ruled Wednesday that the woman who accused Kobe Bryant of rape must use her real name in the lawsuit she filed against him.

U.S. District Judge Richard Matsch ordered her lawsuit, now titled "Jane Doe vs. Kobe Bryant," to be retitled on Oct. 20. He did not explain the delay in retitling.

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Bryant had filed a motion opposing the woman's effort to remain anonymous, as had the Rocky Mountain News.

"Public confidence in the results of court proceedings require that they be open to observation," Matsch said in a written order made public Wednesday afternoon.

The woman's attorney, Lin Wood, said he was not surprised by Matsch's ruling.

"Certainly our obligation to this young girl was to exercise our best efforts to protect her identity," Wood said.

"Candidly, I always felt that once the criminal case was dismissed the likelihood of the court requiring that she proceed by name was great," he added.

Wood said his client would not be deterred by being named publicly.

"She absolutely has the courage to go forward against Kobe Bryant with her name on the complaint," he said.

Bryant's lawyers argued, among other things, that letting the woman remain anonymous while Bryant's name is public could be perceived as favoritism on the court's part.

"The defendant's concern that the requested protection of the identity of the plaintiff may be construed as a prejudgment of the issues in favor of the plaintiff is justified," Matsch wrote.

"The parties appear as equals before the court and that fundamental principle must be protected throughout these proceedings," he said.

Bryant's chief lawyer, Pamela Mackey, could not be reached for comment Wednesday.

The Rocky Mountain News, in its motion, contended that the legal process should remain as open to the public as possible.

"We're just pleased that the judge upheld the important principle of openness in public courts," News Editor John Temple said.

Despite Matsch's ruling, the newspaper has decided not to print her name for now, he said.

The woman's name is available on the Internet and has appeared in some publications, although mainstream news organizations have not published it.

"Under these circumstances, the granting of the motion (to remain anonymous) will have little practical effect and is outweighed by the public interest in open court proceedings," Matsch wrote.

The woman has accused the Los Angeles Lakers basketball star of raping her in the summer of 2003 at an Eagle County resort hotel where she worked and he was a guest.

Bryant, who is married, has admitted having sex with the woman but insisted it was consensual.

State criminal charges were filed against Bryant in Eagle County, but dismissed last month during jury selection when the accuser said she would not proceed as a witness.

But Wood said Wednesday she had been on the verge of publicly disclosing her name even before Matsch ruled.

He said she probably will issue a statement in the next day or two.

abbottk@rockymountainnews.com or 303-892-5188

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