Bryant judge cites concern for witness anxiety, intimidation

By Peggy Lowe And Charlie Brennan, Rocky Mountain News
August 25, 2004

The trial judge in the Kobe Bryant rape case on Tuesday severely restricted using cameras in the courtroom, saying those testifying about "graphic and intimate" details with a worldwide audience could be intimidated.

In a 19-point ruling, Eagle County Judge Terry Ruckriegle said cameras could cause witnesses "increased anxiety and apprehension," which would compromise all participants' fair-trial rights.

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Ruckriegle will allow print cameras in his courtroom for opening arguments and print and broadcast cameras for closing arguments. Any coverage of jury selection, scheduled to start Friday, or of jurors chosen to hear the case has been prohibited.

Audio of the proceedings from the court's system may be recorded, the judge said. If it's not technologically satisfactory, the media can install its own system at its expense.

But left untouched was any media coverage of the verdict, which the judge may determine in a few days.

"Certainly, this has to come as a huge relief to Bryant's accuser and her family," said Scott Robinson, a Denver defense attorney and legal commentator.

"It demonstrates, once again, that Judge Ruckriegle's primary focus is on preserving the privacy of the young woman and Kobe Bryant's right to a fair trial. It's the right ruling."

Ruckriegle barred any photography or broadcasting during witness testimony because much of it could pertain to "graphic and intimate details of the participants' genitalia, sexual conduct, intimate personal relationships and private emotions."

The cameras could "unduly distract from the solemnity, decorum and dignity of the proceedings if permitted during witness testimony," the judge wrote in the 10-page ruling.

"Such concerns are heightened in this case, which pertains to an allegation of sexual assault in which the extensive interest stems significantly from defendant's status as a professional athlete," Ruckriegle wrote.

Ruckriegle also acknowledged the "rare display of concurrence" of all parties opposing any cameras in the courtroom. Bryant's lawyers, the Eagle County District Attorney's Office and the alleged victim's lawyers all argued against what is called "expanded media coverage."

Former Denver District Attorney Norm Early, who is past president of the National Organization for Victim Assistance, applauded Ruckriegle's decision. Because all parties opposed cameras in the courtroom, it would have been difficult for Ruckriegle to decide to allow them, he said.

The cameras were sought by Court TV and other media outlets. Court TV had proposed televising the trial with a one-hour delay to protect the broadcasting of the alleged victim's name, her picture or any other witnesses.

The expanded media coverage order was one of the last remaining rulings expected from Ruckriegle before the start of Bryant's trial. The 26-year-old NBA star is charged with raping a then-19-year-old hotel concierge at a posh resort near Vail. He denies the charge and is free on $25,000 bail.

Former Denver Prosecutor Karen Steinhauser, now a professor at the University of Denver College of Law, wasn't surprised by Ruckriegle's ruling. The judge is being cautious, especially in light of the mistakes the court has made in releasing the woman's name and two days of sealed transcripts.

"Judge Ruckriegle is going to do what he considers fair. But also in light of all the things that have happened previously, he's going to make sure that this trial occurs with as few glitches as possible," she said.

"In light of the concerns of keeping her name private, the only way that can be guaranteed is to say no cameras in courtroom, other than closing arguments."

Copyright 2004, Rocky Mountain News. All Rights Reserved.