By Jon Sarche, Associated Press Writer
June 28, 2004

Media organizations that were accidentally sent transcripts of a closed-door hearing in the Kobe Bryant case asked the Colorado Supreme Court on Monday to overturn a judge's order threatening them with contempt of court if they publish or even retain the information.

A court reporter who meant to send transcripts of the June 21-22 hearing to the judge instead e-mailed them Thursday to seven media groups, including The Associated Press. State District Judge Terry Ruckriegle then ordered those groups to destroy their copies without publishing them.

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The order amounts to prior restraint of the press, which the U.S. Supreme Court has never permitted, even in cases of national security, said attorney Tom Kelley, who asked the Colorado Supreme Court to consider the challenge quickly.

"The Constitution does not tolerate the executive or legislative branches commanding the press what it can report and when it can be reported; nor does the Constitution tolerate such control of the press by the judiciary, even when other important rights are at stake," Kelley said.

None of the media groups that received the transcripts have published their contents.

State courts spokeswoman Karen Salaz did not immediately return a call Monday, but she has said Ruckriegle expected the challenge.

Kelley said the media groups that received the documents got them lawfully.

"Our system depends upon the judgment of an independent press — which chose not to disclose the name of the alleged victim in this case, even when it was displayed on the District Court's own Web site — and it does not permit judges the option of regulating the content of news reports to achieve even legitimate judicial ends," Kelley said.

The transcripts dealt with attempts by Bryant's attorneys to introduce information about the accuser's sex life and information about money she has received under the state Crime Victims Compensation program.

Bryant's attorneys claim the woman had "multiple" sexual partners in the days surrounding her encounter with the NBA star last summer at the Vail-area resort where she worked. They have suggested that injuries found on her during a hospital examination could have been caused by someone other than Bryant.

They also have suggested that the woman received unusually large amounts of money from the victims compensation program as an incentive for her to continue the court battle.

Ruckriegle has not ruled on whether any of the information about the accuser's sex life or compensation can be used during the trial, scheduled to begin Aug. 27 in Eagle, Colo.

Bryant, 25, has pleaded not guilty to felony sexual assault. He has said he had consensual sex with the woman, now 20. If convicted, Bryant faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000.

In addition to the AP, the other organizations involved in the challenge to Ruckriegle's order are The Denver Post, the Los Angeles Times, CBS, Fox News, ESPN and the television show "Celebrity Justice."

In another development, the attorney for a witness in the case asked Ruckriegle to order the return of all but one of the cell-phone text messages his client sent and received after the alleged assault.

Only the one message, sent to Bryant's accuser about 16 hours after the alleged attack, might be relevant to the case, attorney Keith Tooley said in a filing made public Monday. Tooley represents Matt Herr, the accuser's former boyfriend, who sent the message.

Ruckriegle had ordered AT&T Wireless Communications Inc. to turn over the messages. He has not ruled on their relevancy.

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