State's allegation of tainted evidence termed 'untimely'

By Peggy Lowe And Charlie Brennan, Rocky Mountain News
August 27, 2004

EAGLE - A skeptical Chief District Judge Terry Ruckriegle chastised a prosecutor Thursday for her eleventh-hour claim of tainted evidence, saying she wanted to disrupt the Kobe Bryant trial right before its start.

Despite prosecutor Dana Easter's plea for more time, Ruckriegle directed both parties to be ready to begin jury selection in the NBA star's trial on rape charges today.

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Clearly irritated - and accusing Easter of trying to "disrupt the whole process" by filing her "untimely" motion just three days before the start - Ruckriegle said he should deny her request for yet another hearing on the scientific evidence. He ordered her to beef up her pleading with expert analysis and get it back to him by Tuesday.

The touchy two-hour hearing the day before the trial begins sets the stage for a bitter battle between the Eagle County District Attorney's office, which advocates for the alleged victim, and the lawyers working for Bryant.

At the heart of the fight will be the semen that Bryant's experts found in the then-19-year-old woman's underwear worn after she was with Bryant in his hotel room June 30, 2003. Bryant's team says the woman's sexual encounters with others may explain her injuries, and could discredit her with the jury.

Hal Haddon, Bryant's attorney, said Easter's claims that they hadn't handed over DNA documents were "nonsense," a "bogus issue" and a "diversionary tactic" intended to keep him from preparing for the trial.

"They are last-minute claims designed to generate cheap headlines," Haddon said.

Easter said that Haddon wasn't returning her phone calls and had only turned over copies of his expert's analysis of the DNA Thursday morning. The DNA evidence in question was found on vaginal and cervical swabs taken from the victim that don't have semen on them, Easter said.

"The prosecution has not had $12 million to spend on experts and other issues," Easter said. "We are doing the best we can on a limited budget."

Time and again, Easter told the judge that it was Haddon's fault that she didn't know enough about the possible contamination. She went round and round with the judge, as he battered her with question after question on why she had twice turned down an option for a hearing on the evidence.

But it's not the prosecution's fault, she kept pleading, as Ruckriegle grew clearly agitated. Finally, he snapped back, "I'm not going to sit here and try to figure out who stuck their hand in the cookie jar."

The bickering continued when Ruckriegle was trying to figure out the prosecution's request to have every person who had touched the DNA evidence - all the labs' personnel - to testify in person.

No way, Haddon said, and if they want it they can pay for those people to come to Colorado. The request was "unreasonable in the extreme," he said.

"The notion that they cannot make up their minds strikes me as disingenuous," Haddon said.

Easter jumped to her feet.

"I object to this continued hostility in this courtroom, directed to the prosecution table," she said.

Also Thursday, court officials said that jury pool is down to 684. Abouot 165 summons came back undeliverable and 150 are already excused because they have moved or aren't U.S. citizens, said Karen Salaz, a state judiciary spokeswoman.

The jurors will fill out an 82-question form today, then call a number Sunday night to see if they must report to court Monday, she said.

"You're looking for people who can set aside what they may have seen or read," Salaz said. "We have all the confidence we are going to be able to do that."

Attorneys for the media also filed a motion Thursday, opposing Ruckriegle's decision to bar all press from the jury-selection process. The judge should ask each juror to give any personal or intimate information behind closed doors, and keep open what's called voir dire, wrote Tom Kelley, a First Amendment lawyer.

Salaz said the court may allow a pool of reporters to watch selection.

What's next

• The first wave of jurors will arrive at the Eagle County Justice Center at 9 a.m.

• 684 jury candidates of the 999 summoned are expected to show up.

• Candidates are to appear at the courthouse in waves at times designated by court officials - 9 a.m., 10:30 a.m., 1:30 p.m. or 3 p.m.

• Prospective jurors will be asked to answer a list of 82 questions.

• After completing the questionnaire, candidates are free to leave. Lawyers in the case will spend the weekend reviewing them.

• Prospective jurors will be told to call a court phone number Sunday evening to find out when they should appear next week for one-on-one questioning by the attorneys.

• One-on-one questioning of jurors is expected to begin Monday and last until at least Wednesday.

Copyright 2004, Rocky Mountain News. All Rights Reserved.