9 others expected to join objection over secrecy bid

By Charlie Brennan, Rocky Mountain News
August 14, 2004

The Rocky Mountain News on Friday filed an objection to a bid by Kobe Bryant's alleged victim to keep secret her motion asking permission to sue the athlete civilly under the name "Jane Doe."

Nine additional news organizations are expected to join the News in its objection, according to Marc Flink, a Denver lawyer representing the newspaper. They are ABC, The Associated Press, CNN, Vail Daily, The Denver Post, Fox News Channel, Los Angeles Times, The New York Times and USA Today.

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The 20-year-old Eagle woman filed a lawsuit against the Los Angeles Lakers star in U.S. District Court in Denver on Tuesday, alleging the same set of facts that led to the third-degree sexual assault charge for which he is set to stand trial in Eagle County District Court on Aug. 27.

The civil suit also claimed Bryant "has a history of attempting to commit similar acts of violent sexual assault on females he has just met and thereby established a pattern and practice of such unlawful acts."

Also filed at the same time as her lawsuit was a sealed motion asking that the woman be permitted to sue anonymously, under the name "Jane Doe."

That motion claims the sealed document cites both state and federal laws, plus "strong public policy and compelling reasons" why it should remain confidential.The News' objection states that her lawyers have offered no indication that their motion for anonymity contains any information about the case that has not already been revealed either in the ongoing criminal case or in the "graphically detailed allegations" of her civil lawsuit.

Federal law supports a presumption of open civil proceedings, the News argues, and the young woman's motion seeking anonymity should be available.

The News also opposes the young woman's request that any order resulting from her bid for anonymity also be issued under seal.

"The plaintiff is pursuing the highly unusual procedure of anonymously seeking to pursue a civil claim for money damages against an identified defendant," News editor John Temple said.

"Our objection to the motion to seal is to learn the basis on which she believes she's entitled to pursue the case in that manner," he added.

"If and when the court unseals the motion to proceed anonymously, we will review the matter and determine at that time how to proceed."

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