Thomas Cooper © Getty Images Kobe Bryant looks back at his attorney Pamela Mackey and his bodyguard as he leaves the Eagle County Justice Center on Wednesday. His rape charge was dropped later in the day.

In a matter of hours, Bryant transformed from accused rapist to contrite, free man

By Peggy Lowe And Charlie Brennan, Rocky Mountain News
September 2, 2004

EAGLE - In a dramatic last-minute default, prosecutors dropped rape charges against Kobe Bryant Wednesday, saying the young woman who accused the basketball star of assault doesn't want to go forward with the case.

Bryant went from alleged assailant to apologist after a stunning one-day turn of events, capping a case that seemed doomed from the start.

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"I want to apologize directly to the young woman involved in this incident," Bryant said in a statement. "I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year.

"Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure."

But Bryant is not done dealing with his five-minute encounter some 14 months ago: He still faces a federal civil suit filed by the 20-year-old Eagle woman.

With jury selection already well under way, the case came screeching to a halt after hours of heated hallway negotiations and closed-door discussions that led to a hastily called and unusual evening hearing.

Fifth Judicial District Attorney Mark Hurlbert, with the parents of the 20-year-old woman clutching hands behind him, told the judge "the sole reason" he would not continue was the woman's unwillingness to participate in the case.

He did not elaborate on her decision.

The woman asked for - and received - prosecutors' promise to refrain from refiling any charges against the six-time NBA all star.

Hurlbert said he "reluctantly" made the decision after several meetings with the alleged victim and her family.

"Today, justice is sadly interrupted," Hurlbert said. "The casualty in this interruption has been a brave young woman who was grievously hurt."

But even after an emotional statement from her attorney - and Bryant's lawyers' continued assertion of his innocence - Chief District Judge Terry Ruckriegle commented on the dismissal and said what was on everyone's mind.

"It will, of course, always leave a question in the mind of everyone because, as several of the jurors have stated, only two people know what happened," Ruckriegle said.

The woman who accused Bryant wasn't at the hearing, and her parents declined to speak afterward. But her attorney reiterated some of the events of the past year - events that her mother has talked about publicly - death threats, constant hounding by the media, leaving college and putting all future plans on hold.

John Clune, the alleged victim's attorney, said one of the "unbelievable" events in a "very, very difficult time in her life" was the FBI investigating one of the woman's counselors for allegedly trying to sell her case file.

"My client, her parents and I truly feel that this (is), at this time, in the best interest of justice and in the best interests of a woman who has suffered unlike any other I have seen anywhere in the criminal justice system," Clune said.

The woman's decision to end the case would bring "solace" to her and her family, he said.

A family member who came to the door at the home of the 20-year-old Eagle woman said no one would have any comment Wednesday night.

'Game of chicken'

The case fell apart Wednesday afternoon, more than halfway through the jury selection process, and less than a week before opening statements were set to be heard.

"This was a high-stakes game of chicken, and we saw who blinked," said Craig Silverman, a Denver attorney who has watched the case.

Bryant left the Eagle County Justice Center after a morning of jury selection, but wasn't in court for the dismissal, having returned to California on a private jet after the final prospective jurors had been interviewed at midday.

In his statement, Bryant, who in July signed a new $136.4 million, seven-year deal with the Los Angeles Lakers, said he doesn't question his accuser's motives and that "no money has been paid to this woman."

"Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way that I did," Bryant said.

The apology was clearly part of the deal negotiated during the hallway diplomacy that dozens of reporters watched Wednesday afternoon.

Earlier in the day, Bryant's attorneys had filed a motion to dismiss the case based on a forensic scientist's findings that the woman's lack of injuries seemed to point to Bryant's innocence.

Much of the evidence in the case appeared to go in that same direction. Sperm from a mystery man Bryant's experts called "Mr. X" was found in the underwear the woman wore to her rape exam and on her body, suggesting she had sex with someone after her encounter with Bryant on June 30, 2003.

That was the source of Bryant attorney Pamela Mackey's widely reported "three men in three days" comment early in the case.

Although the woman denied that claim, defense experts said her vaginal injuries could have been caused by having multiple sex partners in a 72-hour period of time around the reported assault.

Jawline bruise discounted

Bryant's attorneys also discounted the coin-size bruise on the woman's left jawline, saying it could have occurred in the 15 hours between her time with Bryant and the exam.

Perhaps the most damning evidence against Bryant was the small bloodstains on the inside-front of the white Nike T-shirt he wore on the night he had sex with the woman.

But none of that seemed to matter on Wednesday, as the drawn-out case came to a quick end.

Ruckriegle spoke for more than 10 minutes to the hushed courtroom before formally entering his order, as some district attorney staffers sitting behind Hurlbert shook their heads in frustration.

County workers, including law enforcement officers, sat in the jury box, including Eagle County Judge Frederick Gannett, who oversaw Bryant's preliminary hearing and said he had to send the case on to trial despite a "minimal" amount of evidence.

Ruckriegle left no doubt that the case, People of the State of Colorado vs. Kobe Bryant, will long stand as one of the most memorable in his 30-year career and that it had a tremendous impact on everyone it touched.

"Indeed," he said, "the magnitude of the case, as exemplified by the courtroom packed full of people, and the constant dissemination of media information, is unprecedented in Colorado."

In a nod to the contentious and controversial path the case took to its conclusion, including two challenges to the Colorado Supreme Court and one that went all the way to the U.S. Supreme Court, Ruckriegle said, "For a variety of legal issues, this case will be cited for a number of purposes, both positive and negative."

As Karen Salaz, who served as the public voice and face of the state's court system for the duration of the epic legal battle, stood with tears in her eyes at the rear of the court, Ruckriegle acknowledged the troubled course of the case.

As it moved slowly toward the anticipated trial, it was afflicted by several miscues by court employees, who repeatedly make mistakes that resulted in the publication of the alleged victim's name and laid bare damaging testimony from a closed-door hearing.

"I take full responsibility for all of the errors that have been made," Ruckriegle said. "But the mistakes were made by people just like you, who are sitting out there."

The case comes to an end some 14 months after the then-19-year-old woman accused one of professional sports' best-known personalities of assaulting her at the posh Lodge & Spa at Cordillera in nearby Edwards.

Bryant, 26, faced a sentence of four years up to life in prison if convicted of the charge.

"First, I want to apologize directly to the young woman involved in this incident. I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year. Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure. I also want to apologize to her parents and family members, and to my family and friends and supporters, and to the citizens of Eagle, Colo.

I also want to make it clear that I do not question the motives of this young woman. No money has been paid to this woman. She has agreed that this statement will not be used against me in the civil case. Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter.

I issue this statement today fully aware that while one part of this case ends today, another remains. I understand that the civil case against me will go forward. That part of this case will be decided by and between the parties directly involved in the incident and will no longer be a financial or emotional drain on the citizens of the state of Colorado."

Timeline of the day

Events Thursday leading up to dismissal of the rape charges against Kobe Bryant:

• Noon: Bryant leaves the Eagle County Justice Center in his three-SUV caravan after a morning of jury selection.

• 3:10 p.m.: Bryant's attorneys return to the courthouse.

• 3:15 p.m.: Reporters race to the courthouse amid reports that the case might be dismissed.

• 3:30 p.m.: John Clune, the alleged victim's attorney, enters the courthouse through the back door.

• 3:50 p.m.: Prosecutors Dana Easter and Ingrid Bakke enter the courthouse.

• 4 p.m.: Sheriff Joe Hoy hangs out in the hallway with dozens of reporters.

• 4:03 p.m.: Bryant attorneys Pamela Mackey, Hal Haddon, Mark Johnson and Terry O'Conner move to a separate courtroom from prosecutors.

• 4:05 p.m.: Bakke steps outside to talk with Clune and Lin Wood, both attorneys for the accuser.

• 4:15 p.m.: Bryant attorney Mark Johnson heads outside to talk to Clune and Wood.

• 4:20 p.m.: ESPN's Shelly Smith runs into the courthouse clad in a suit jacket and blouse that will be seen by the camera - and cut-off shorts that won't.

• 4:27 p.m.: Representatives from all three delegations - Bakke, Johnson and Clune - huddle at the end of the hallway.

• 4:30 p.m.: Mackey briefly confers with Bakke in the hallway and heads back to the courtroom.

• 4:32 p.m.: In a deal-making scene, Mackey meets again with Bakke and Clune at the end of the hall. They compare notes from a document.

• 4:40 p.m.: Krista Flannigan, a spokeswoman for the district attorney, enters the courthouse. She has sent out a notice of a 5 p.m. news conference.

• 4:50 p.m.: Doug Winters and Dan Loya, Eagle County sheriff's officers who interviewed Bryant last summer, join the throng in the hallway.

• 4:55 p.m.: The alleged victim's parents are outside the back door of the courthouse. They shake Wood's hand and hug him.

• 5 p.m.: A court worker waves her keys to a sheriff's officer and asks if she should lock the doors, since it's the end of the business day. She's told to leave the doors open.

• 5:15 p.m.: Easter, the prosecutor, meets in the hallway with employees of the district attorney's office, who look shocked.

• 5:25 p.m.: Christine Yuhas, a court administrator, yells out to all the reporters and others that a hearing is set for 5:45 p.m. Everyone is sent outside to re-enter through a security check.

• 5:40 p.m.: Reporters, law enforcement officials, district attorney staffers and even Eagle County Judge Frederick Gannett, who oversaw Bryant's preliminary hearing, are packed into the courtroom.

• 5:52 p.m.: Court reporter Michelle Goodbee enters.

• 5:56 p.m.: Chief District Judge Terry Ruckriegle enters the courtroom and everyone stands.

• 6:25 p.m.: Ruckriegle enters the dismissal order. "The case of People vs. Kobe Bryant," he said, "will be dismissed."

lowep@RockyMountainNews.com or 303-892-5482

Copyright 2004, Rocky Mountain News. All Rights Reserved.