Finding, mistakenly posted on Web site, could bolster defense

By Peggy Lowe, Rocky Mountain News
July 29, 2004

Kobe Bryant's own DNA and that of his alleged victim were found on him at his rape exam, but not the fluids of a third person that showed up on the young woman.

The finding, part of a sealed order that was posted briefly by mistake on the state judiciary's Web site, could bolster the defense theory that the alleged victim was with "three men in three days."

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"They'll make the arguments that someone had intercourse with the victim post-Kobe Bryant," said Dr. Phil Danielson, director of the University of Denver's Forensic Genetic Institute.

Testimony at Bryant's preliminary hearing in October revealed that the then-19-year-old woman was wearing underwear that contained the semen of another man when she went to her rape exam 15 hours after her encounter with Bryant on June 30. Semen also was found on her thigh.

Bryant's attorney, Pamela Mackey, has suggested that the woman's pinpoint vaginal injuries could have been caused by having sex with a friend on June 28, then Bryant and then a third man prior to her exam. Mackey made the "three men in three days" comment during the October hearing.

"I think it's surely part of their formula for their argument that the young woman had sex with someone else after her time with Kobe Bryant," said Scott Robinson, a Denver defense attorney.

The sealed order, signed by Eagle County Judge Terry Ruckriegle, said Bryant's attorneys want to use the information, although Ruckriegle already has barred the use at trial of Bryant's exam at the Valley View Hospital in Glenwood Springs.

The test results were obtained from "penile swabs" from Bryant, the order says, adding that the DNA of the "unknown donor" wasn't found on Bryant.

Although some view the order as helping the defense, other DNA experts said finding the woman's DNA on Bryant is obviously why he admitted having sex with her, even though Bryant insists it was consensual.

Because it's impossible to determine the age of DNA, the semen found in her underwear could be explained several ways, the experts said. The semen found on her thigh could be relevant, however, they said.

Also Wednesday, a peeved Ruckriegle postponed until Friday any arguments on issuing an edited version of transcripts of a June 23 closed hearing that were mistakenly released to the media, although he said he still plans on doing it.

A court clerk erroneously sent out the transcripts, which reportedly center on DNA, the alleged victim's sexual activity and the county's payment for her time in a rehabilitation facility. Seven media outlets received the transcripts, but haven't published them under threat of contempt-of-court charges.

U.S. Supreme Court Justice Stephen Breyer suggested in an order to Ruckriegle this week that he should release the transcripts quickly to duck the ongoing controversy. Ruckriegle ordered attorneys for Bryant and prosecutors to draft a compromise redacted version, but they "only partially complied," Ruckriegle said in a Wednesday posting.

Lawyers will discuss the redacted transcripts at a hearing in Eagle set for Friday.

On Tuesday, Ruckriegle also postponed a request by Court TV for cameras in the courtroom, saying he was too busy dealing with the media controversy.

Trail of mistakes

• Wednesday: In a sealed order signed by the trial judge, the alleged victim's last name is used in a document detailing the DNA findings of Bryant's rape exam.

• June 23: An Eagle County court clerk mistakenly sends to seven media outlets the transcripts from a closed hearing on several topics, including the woman's sexual activities.

• Oct. 14, 2003: Glenwood Springs hospital releases the woman's medical records to Bryant's defense attorneys.

• Sept. 16, 2003: Citing a "cross in protocols," the state judiciary's Web site mistakenly exposes the woman's name and address in a court document.

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