Appeal denied in Bryant case, clearing the way for the trial to begin

By Charlie Brennan, Rocky Mountain News
August 17, 2004

EAGLE - Contrary to the expectations of many, it now appears the stage is set for Los Angeles Lakers star Kobe Bryant to stand trial for rape in less than two weeks.

The Colorado Supreme Court early Monday denied an appeal by Eagle County District Attorney Mark Hurlbert, in which he challenged the trial judge's decision that jurors may hear so-called rape shield evidence, concerning the alleged victim's sexual activities in a 72-hour window around the time of the alleged assault.

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Monday's ruling by the state's highest court dashed the last realistic hope prosecutors may have had for postponing their case. They have had a number of setback rulings, and attorneys for the alleged victim have even voiced some second thoughts about going forward. On Friday, Chief District Judge Terry Ruckriegle turned down the district attorney's request for a delay.

Now, with the state Supreme Court's upholding of Ruckriegle's admission of the potentially critical sexual-history evidence, there appears little left that could interfere with the scheduled launch of the jury selection process Aug. 27.

Asked if there remained any chance the trial won't go forward as scheduled, Colorado Judicial Branch spokeswomen Karen Salaz said, "Not in our minds. That seemed to be speculation on the media's side."

Court officials hope that a fair and impartial jury can be seated in a week's time, clearing the way for opening statements in the trial to start Sept. 7, the first business day following the long Labor Day weekend.

Potential jurors will be asked to complete questionnaires of more than 100 questions when they report Aug. 27. Attorneys will spend the weekend that follows reviewing those questionnaires.

Beginning Aug. 30, potential jurors will be questioned one-by-one in the judge's chambers on potentially sensitive issues. When that process is completed, the remainder of jury selection will take place in open court.

Bryant and his lawyers were back in Eagle County district court Monday for what was the last scheduled pretrial hearing in his case. Only about one hour was spent in open court, with the balance of the day's business being dealt with outside the presence of the press and public.

Bryant, who has pleaded not guilty but has admitted having consensual sex with his alleged victim, was present for the morning session, but did not attend the afternoon installment.

On Monday, it was decided that the lawyers and judge may meet for a final closed-door pretrial hearing Aug. 26, on the eve jury selection.

"I think it's full steam ahead," said Craig Silverman, a Denver defense attorney and former prosecutor. "But clearly, this accuser and her lawyers hold the trump card."

Family members and attorneys for the alleged victim, a 20-year old Eagle woman, have said she's worried she can't get a fair hearing in this court, due to several accidental releases of her name, plus the inadvertent distribution of a sensitive closed-hearing transcript by a court official.

Now it will be up to the woman to go forward. Her attorneys, who were in court Monday, couldn't comment because of a severe gag order imposed by Ruckriegle.

She filed a civil suit against Bryant in federal court in Denver on Aug. 10, seeking financial damages. Legal experts said this could prompt Bryant's lawyers at trial to grill her on a possible financial motive for claiming the superstar athlete assaulted her.

But Cynthia Stone, spokeswoman for the Colorado Coalition Against Sexual Assault, is pleased that it appears the public is finally about to be able to judge the criminal case on its merits, rather than through brief glimpses at the evidence that has so far been revealed in case filings, pretrial hearings and leaks - accidental or otherwise.

"I think we lost the forest for the trees in this case," said Stone. "We have not heard this young woman's story in her words yet. We have not seen all the evidence that the prosecution holds in this case. All that we have heard has been out of context."

Former Denver District Attorney Norm Early said the woman, who was employed at the Lodge & Spa at Cordillera in nearby Edwards when she encountered Bryant, a guest at the posh resort, will make an excellent witness.

When she testified at one pretrial hearing March 24, "she went in like a rock and came out like a rock," Early said.

"We're writing this woman off before she has even testified. That's patently unfair," Early added. "The prosecution is not planning an exit strategy, and I think the case is probably better than most people say."

During the open portion of Monday's hearing, prosecutors and Bryant's attorneys debated whether all people who have handled any of the evidence or done any of the testing should have to testify.

Prosecutor Dana Easter told the judge that they want to hear from all people along the evidence chain of custody. But Bryant attorney Hal Haddon countered that Colorado law requires only a summary of the testing from one of the analysts.

Easter's request shows that the prosecution is worried about the DNA evidence, according to Silverman. A Bryant expert has testified that semen from a "Mr. X" was found in the woman's underpants and on her body when she underwent her rape exam some 15 hours after her encounter with Bryant on June 30, 2003.

Although Easter told the judge that she couldn't give her reasons for her request in open court, Early said she's obviously worried about some kind of tampering or "hanky-panky" with how the evidence was tested.

The mostly routine details addressed in open court Monday signaled to Scott Robinson, a Denver defense attorney and legal analyst, that there's little left that could sidetrack Bryant's highly anticipated trial.

"These are all final details, the fine- tuning of trial preparation. We're going to be here Aug. 27 (for the start of jury selection), unless something cataclysmic happens."

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