Court won't limit defense questioning of alleged victim

By Charlie Brennan, Rocky Mountain News
March 12, 2004

The Colorado Supreme Court on Thursday declined to hear an appeal by the Eagle County District Attorney's Office, which wanted limits on defense questioning of Kobe Bryant's alleged victim concerning her sexual history.

The 19-year-old Eagle woman allegedly assaulted by the Los Angeles Lakers star is due in court March 24.

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She is to testify behind closed doors about her sexual conduct before and after her June 30 encounter with Bryant at the Lodge & Spa at Cordillera in Edwards.

That hearing is being conducted by District Judge Terry Ruckriegle outside the presence of the press or public, to determine what - if any - evidence concerning her sexual history can be introduced at Bryant's as-yet-unscheduled rape trial.

At a pretrial hearing earlier this month, Ruckriegle rejected a prosecution motion asking that Bryant's legal team be limited in the questions it poses to the alleged victim. It is that ruling which prosecutors hoped the state's highest court would review.

Under Colorado's rape-shield law, evidence about a victim's or witness's sexual history is presumed to be irrelevant, unless it can be shown that it bears directly on the facts of the case.

Bryant's lawyers have claimed that evidence shows the alleged victim had sex with multiple partners in a 72-hour period around the time she met Bryant.

They contend that vaginal injuries suffered by the young woman could be attributed to her alleged promiscuity, while the prosecution believes they indicate forced penetration by Bryant.

Bryant has publicly admitted to committing adultery with the 2002 Eagle Valley High School graduate, but maintains their contact was consensual.

Eagle District Attorney Mark Hurlbert issued a prepared statement in the wake of the ruling by the state's highest court.

"I recognize that requests for petitions to be heard by the court are rarely granted, and we respect the court's decision," Hurlbert's statement said.

"However, we continue to have great concern about the humiliation the victim is being asked to endure at the hands of the criminal justice system. Furthermore, future victims may not report their victimization for fear of similar humiliation."

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