Baden, Lee appear in television shows

By Charlie Brennan, Rocky Mountain News
June 23, 2004

EAGLE - The star power at Kobe Bryant's pretrial hearing was boosted on Tuesday by visits from two prosecution witnesses who each boast their own television shows.

Forensic experts Dr. Henry Lee and Dr. Michael Baden appeared, albeit behind closed doors for the conclusion of a "rape shield" hearing, to help Chief District Judge Terry Ruckriegle determine what part, if any, of the alleged victim's sexual history should be admissible at trial.

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Under Colorado's rape shield law, a victim or witness' sexual history is presumed to be irrelevant unless a showing is made to the judge, in a hearing outside the presence of the press or public, that it has a bearing on the facts of the case.

Dr. Lee hosts a new show, Trace Evidence - The Case Files of Dr. Henry Lee on Court TV, while Dr. Baden is on HBO's series Autopsy.

Eagle County District Attorney Mark Hurlbert has said the two acclaimed experts were expected to testify about DNA evidence.

Both had earned solid credentials in their fields long before they became television personalities.

Dr. Baden has published several books, and is co-director of the New York State Police Medicolegal Investigation Unit. Lee is chief emeritus of the Connecticut State Police Laboratory and the author of numerous books, and has investigated more than 4,000 murders - including the JonBenet Ramsey case.

Both men served as key expert witnesses for the defense team that won an acquittal in the celebrated O.J. Simpson double-murder case.

"If I was Kobe Bryant, I would be very worried about Dr. Lee and Dr. Baden testifying against me," said former Denver prosecutor Craig Silverman. "They are formidable and could make a strong impression on the jurors in this case."

Denver criminal defense lawyer Craig Skinner, who is following the case closely, said their involvement might have some pre-emptive value to the prosecution, as well.

"I'm sure that was in the mind of the prosecution, who probably hurried to hire these two, to make sure that the defense couldn't," Skinner said. "They're figuring, if they're going to be in this trial, better that the prosecution call them than the defense."

Bryant's hearing ended Tuesday still without a date set for his sexual assault trial. But Ruckriegle may announce one on the one-year anniversary of the incident that led to the charge.

Attorneys in the case are scheduled to conduct a telephone conference with Ruckriegle on June 30, and Colorado Judicial Branch spokeswoman Karen Salaz said a date could be settled on then.

It was late the night of June 30, 2003, that Bryant, 25, a Los Angeles Lakers superstar, allegedly raped a concierge at the Lodge & Spa at Cordillera in nearby Edwards. He pleaded not guilty May 11 and has said that he had consensual sex with the young woman, an Eagle resident who was then 19.

"When he sets the date, he wants it to be a firm date," Salaz said of Ruckriegle. "There won't be any continuances, there won't be any postponements. Once he sets the date, you can set your calendar to it."

Prosecutors and defense lawyers have said they could be ready for trial by the end of August and that they expect it will last three to four weeks.

Another key task prior to the start of Bryant's trial is that the two sides and the judge must reach final agreement on a jury questionnaire to be mailed to potential jurors as far as two months in advance.

A draft of that questionnaire as of Monday carried 115 questions, and prosecutors are fighting a defense bid to include a few queries seeking would-be jurors' opinions on interracial relationships.

"This was not a relationship. This was not a date," prosecutor Dana Easter complained to Ruckriegle on Monday.

Salaz said Tuesday that court officials expect between 800 and 1,500 summonses may soon be sent to adults in Eagle County, their names drawn at random from the rolls of taxpayers, driver's license holders and registered voters. Whatever the number, she said it would exceed the previous record for the Fifth Judicial District, which sent 500 summonses for the Chuck Garrison murder trial.

One reason such a high number will be deployed in Bryant's case, in addition to the heavy media coverage it receives, is that many residences in this county of 42,000 are second homes or vacation getaways, and the population is considered highly transient.

"We would rather send out too many, and get the response we need, than have to do this two or three times," Salaz said.

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