Observers say move could mean criminal trial won't be held

By Karen Abbott, Rocky Mountain News
August 11, 2004

The woman who has accused Kobe Bryant of raping her filed a civil lawsuit against him Tuesday in Colorado U.S. District Court.

The Los Angeles Lakers star, who recently signed a new seven-year, $136.4 million deal with his team, already faces a criminal trial in Eagle County, where the 20-year-old Eagle woman alleges that he sexually assaulted her on June 30, 2003, at the hotel where she worked.

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Legal experts said that civil suits rarely are filed before a related criminal case is finished and that the civil lawsuit may signal a negotiated end to the criminal case.

The criminal case has been controversial and plagued by missteps, including the state court's accidental release of the woman's name - twice - and sealed evidence about her sex life, leading to a fight with news organizations that went to the U.S. Supreme Court.

Bryant's attorneys declined to comment on the federal lawsuit. Eagle County district attorney's spokeswoman Krista Flannigan said her office still intends to proceed with Bryant's trial, which is set to begin Aug. 27.

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

The lawsuit seeks unspecified damages, although it notes that at least $75,000 must be in controversy for a lawsuit to be filed in federal court.

In Colorado, civil lawsuits are not allowed to specify the amount of damages sought when they are filed.

The case is assigned to U.S. District Judge Richard Matsch.

The lawsuit, filed shortly after noon on Tuesday in downtown Denver's federal courthouse, said the woman was a clerk at the front desk of the Lodge & Spa at Cordillera in Edwards, when Bryant checked in at about 10 p.m.

"Defendant Bryant, out of the hearing of his agents and bodyguards, asked Plaintiff to come to his room to escort him on a private tour of the resort hotel and its facilities," the lawsuit said.

The woman, who is identified in the lawsuit as "Jane Doe," agreed, and "during the tour of the hotel, Defendant Bryant flirted with Plaintiff and she was flattered by his comments and interest in her," it said.

After the 15-minute tour, Bryant asked the woman to join him in his Jacuzzi, it said. The woman declined, saying she needed to clock out of work.

"After Plaintiff declined Defendant Bryant's offer to join him in his Jacuzzi, Plaintiff attempted to leave the hotel room and Defendant Bryant blocked her exit from the room, asking her for a hug," the lawsuit said.

"Plaintiff hugged Defendant Bryant and he then began to kiss her lips and neck.

"After a short period of time kissing her, Defendant Bryant's voice became deeper and his acts became rougher as he started touching Plaintiff's breasts and groping her in her genital region and buttocks," the lawsuit said.

"Plaintiff immediately asked him to stop and informed him that she needed to leave the hotel room.

"Defendant Bryant refused to allow Plaintiff to leave the room and stood between her and the room door."

The lawsuit said Bryant choked the woman with his hands around her neck, bent her over a chair and raped her.

"On information and belief Defendant Bryant has a history of attempting to commit similar acts of violent sexual assault on females he has just met and has thereby established a pattern and practice of such unlawful acts," the lawsuit said.

That is apparently a reference to allegations that a Florida woman was assaulted by Bryant in 2002 while she was working at a catered event he attended at the Orlando, Fla., home of another sports star.

Denver lawyer Craig Silverman, a former prosecutor, said the civil suit looks like "the latest part of a well-orchestrated exit strategy from the criminal case by the accuser and her attorneys."

Speculation has raged that the woman might want to withdraw from the criminal case against Bryant because details of her sex life have been made public.

DNA evidence that another man's sperm and semen was present in and on the woman's body when she was examined at a hospital the day after the alleged rape has cast doubts on the criminal case against Bryant.

That evidence, the defense has said in pretrial hearings and legal filings, indicates that someone other than Bryant caused the woman's alleged injuries.

But evidence in the case also includes the woman's blood on Bryant's T-shirt, which he turned over voluntarily when visited by detectives at the hotel little more than 24 hours after the alleged assault.

In addition, Bryant's celebrity and worldwide publicity about the case have fueled death threats against the woman, as well as against the Eagle County district attorney and others involved in the case.

Silverman said filing the civil lawsuit is risky for the woman because it gives Bryant's defense team in the criminal case added ammunition to support their contention that she was motivated by a desire for money to make a false accusation against the multimillionaire basketball star.

Larry Pozner, a Denver lawyer and defense specialist, said the rules governing civil lawsuits in federal court also could let Bryant's defense team obtain even more personal evidence about the woman. That evidence could include her medical history, such as alleged suicide attempts and any addictions, Pozner said.

Those factors make it unusual for an alleged victim to file a civil lawsuit before a related criminal case is completed.

Andrew Cohen, a Denver lawyer and legal commentator for CBS News, agreed.

"It is unusual for something like this to be filed now," he said.

"There was no immediate deadline to file this, and by filing it, the alleged victim opens herself up for even more cross-examination about what her motives may be" in the criminal trial, Cohen said.

"I think this makes it even less likely that the alleged victim is prepared to go through with the criminal case," he said.

"Clearly this is a vote of nonconfidence in Eagle County," Cohen said. "It is obviously a signal from the alleged victim's team that they do not feel comfortable in Eagle County. They want to be in federal court."

Cohen said the civil lawsuit increases the pressure on Bryant's attorneys to work out a settlement in which Bryant would pay the woman money to drop her allegations against him.

Pozner said it would be unethical for Bryant to pay the woman simply to drop her criminal allegations against him and withdraw her cooperation from the criminal prosecution. Paying her in settlement of a civil lawsuit is another matter, he said.

"I would not be surprised if her attorneys and his attorneys have been talking," Cohen said.

Still, Pozner cautioned that the civil lawsuit, while it may signal a new turn in the case overall, cannot yet be clearly interpreted.

"It can mean anything from negotiations never started, to negotiations have broken down, to negotiations are complete and part of the negotiations are that a civil suit will be filed and then settled," Pozner said.

"We're in mumbo-jumbo land," he said.

What the future may hold

Tuesday's filing of a federal suit against Kobe Bryant colors the near future with a degree of uncertainty. A number of scenarios, including a possible dismissal of the criminal case, are possible, but here is what is currently expected:

• Federal civil case: The plaintiff has 120 days to serve Bryant with formal notice of the suit. Once he receives it, he has 20 days to respond. Also, Bryant can file a motion to dismiss, in which case he doesn't have to respond to the suit until that's resolved. A trial date could be more than a year away.

• Criminal case: Bryant is scheduled for a final pretrial hearing in Eagle County District Court on Monday. The agenda for that hearing has yet to be set by Chief District Judge Terry Ruckriegle. The criminal case is set to begin Aug. 27 with jury selection, and estimates are that it will require at least a week to seat a jury. Opening statements are anticipated to begin Sept. 7.

abbottk@RockyMountainNews.com or 303-892-5188

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