By Charlie Brennan, Rocky Mountain News
August 27, 2004

EAGLE - A contentious pretrial hearing in the Kobe Bryant case on Thursday left the impression that prosecutors and the state's top law enforcement agency aren't reading from the same script.

Prosecutor Dana Easter, in explaining to Chief District Judge Terry Ruckriegle why her team is still trying to interpret DNA analysis performed months ago by defense experts, said, "The CBI has not been willing to assist us in evaluating this case."

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This followed recent revelations that CBI laboratory personnel who conducted DNA analysis for prosecutors will be called as defense witnesses at the trial, in which genetic evidence could prove pivotal.

No CBI personnel were present at Thursday's hearing.

CBI director Bob Cantwell, contacted later in the day, is subject to the same gag order that limits most participants in the proceedings in what they can say about the high-profile case.

But upon hearing about Easter's remark, Cantwell said, "I do know what she's talking about, and I don't believe she means it in the context you might be hearing it. I don't think it's an indictment of the CBI."

It is standing policy at the CBI, which performs laboratory testing for police agencies throughout Colorado, not to re-evaluate evidence tests that have been conducted by outside, private laboratories.

When it was revealed at an Aug. 16 hearing that CBI lab personnel will be called by the Bryant defense to discuss DNA evidence, many observers noted that it is highly unusual for the state agency to show up as a defense witness in any criminal case.

But Cantwell said too much is being read into that - particularly since those same CBI staffers also have been subpoenaed and will testify for the prosecution.

"It doesn't really matter who subpoenaes us," said Cantwell. "Our work stands on its own. We don't manipulate our evidence to make it come out one way or the other. We'll go up there and testify for whoever subpoenas us."

Denver criminal defense lawyer Lisa Wayne, who has defended more than 100 sexual assault cases, said it's unusual that the CBI would show up as a defense witness.

"There are those situations where the evidence is helpful to the defense, or there may have been some kind of taint, or a problem in the chain of custody. But that is the rare case," Wayne said. "In all my public defender cases, and my cases on my own, I've never endorsed anyone from the CBI."

The fact that a government employee is testifying for the defense - even if that person also has testified for the prosecution - would have an impact on jurors, Wayne said.

"That's a big deal. It just seems so much more credible to be able to call an agency on your behalf," Wayne said. "That scores a lot of points for the defense."

Bryant's lawyers would not be utilizing a CBI witness or witnesses, Wayne said, if their testimony might yield only "50-50" results for the athlete's defense.

"Most defense lawyers are only going to call someone who's 99 percent good for their case," Wayne said.

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