Lawyer challenges ban on publishing Kobe transcript

By Charlie Brennan, Rocky Mountain News
June 29, 2004

Seven media groups appealed to the Colorado Supreme Court on Monday to overturn a lower court's order prohibiting them from publishing a sealed Kobe Bryant case transcript that inadvertently fell into their hands.

The 206-page transcript was mistakenly sent on Thursday by a court reporter, who meant it to go to Chief District Judge Terry Ruckriegle, who is presiding over the case.

Advertisement

The document revealed details of a closed-door hearing on June 21 and 22 about whether the alleged victim's sexual history would be admissible during Bryant's trial.

Ruckriegle, learning of the mistake, ordered the recipients to delete or destroy their copies and prohibited them from reporting the contents.

Denver attorney Tom Kelley, a First Amendment specialist, filed an emergency petition with the state's highest court asking that Ruckriegle's order be ruled an unconstitutional prior restraint, and that Ruckriegle be ordered to reverse or strike it.

A clerk for the Supreme Court on Monday said the petition could be ruled on at any time.

The court reporter's miscue, and Kelley's resulting appeal, come at a time when Ruckriegle is preparing his ruling on what part, if any, of the 20-year-old alleged victim's sexual history should be admissible at trial.

Colorado's rape shield statute holds that a victim's or witness's history is presumed to be irrelevant, unless it can be shown in pretrial hearings, closed to the public, to have some bearing on the case at hand.

A series of hearings focusing on that issue has been held by Ruckriegle periodically since March 2, including a March 24 session at which the alleged victim was forced to testify, under a defense subpoena.

The final hearing on that matter was conducted June 22, and is documented in the misdirected transcript.

Bryant has pleaded not guilty in the case, and his trial is scheduled to begin Aug. 27.

brennanc@RockyMountainNews.com or 303-892-2742

Copyright 2004, Rocky Mountain News. All Rights Reserved.