By Charlie Brennan, Rocky Mountain News
September 2, 2004

EAGLE - The 11th-hour dismissal of Kobe Bryant's rape case in criminal court leaves in question the civil suit in federal court.

Lin Wood, the Atlanta attorney who joined John Clune in representing the alleged victim and her family, made a comment a few minutes before Wednesday's final hearing in the criminal case that seemed to indicate the civil case is not going away anytime soon.

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"This means that when I take his (Bryant's) deposition in the civil suit, he can't take the Fifth," Wood said.

And Clune, during the hearing at which the charge was dismissed, was adamant that the status of the civil case is unchanged.

"One thing I want to make clear, Judge, because rumors abound," said Clune. "The question of whether there is a relationship to the civil case, or any dollars being exchanged in consideration for the motion; quite simply, the grounds given (the alleged victim's desire not to testify in a criminal trial) were the only basis for the motion (to dismiss)."

Former Denver prosecutor Craig Silverman said he doesn't think any deals have been reached in the civil case.

"I believe the civil case is going forward. How far forward is another question," Silverman said.

He predicted the civil suit, assigned to U.S. District Judge Richard Matsch, will never reach trial.

"It's for the same reason the criminal case isn't going forward," he said. "Both sides have too much to lose."

The rules of what evidence is relevant, and therefore admissible in court, are less restrictive than in a criminal court proceeding.

"Kobe Bryant would be embarrassed" by disclosures sure to come to light, said Silverman. "And all of this stuff about her mental health history and alleged suicide attempts and alleged drug and alcohol abuse, it's all fair game."

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