August 5, 2004

Second thoughts.

After more than a year, Kobe Bryant's young accuser is now rethinking her decision to seek criminal prosecution of the NBA superstar, at least according to her lawyers, who appeared on Good Morning America Wednesday.

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Who can blame her, and what took her so long?

From the outset, the evidence available for a criminal trial against Bryant has been underwhelming at best.

His accuser isolated him by room assignment, snuck around to his room knowing he was more than a little interested in her, and then willingly participated in activities more appropriate to longtime lovers than to new acquaintances.

According to statements made later to investigators, she was equivocal about when and how she said the magic word "no" in Bryant's hotel room, and took considerable time before claiming that she had been raped.

Arguably, more discouraging words were spoken by her lawyers Wednesday than she herself uttered when she was with Bryant, none of which bodes well for prosecutors in the case.

She has endured scorn, death threats, and vigorous cross-examination by Bryant's extremely capable attorneys about what can be discreetly described as her romantic entanglements with others.

Humiliating details about her personal life have flooded the airwaves and cyberspace, painting an utterly unfair one-dimensional picture of a troubled young woman who has attempted suicide, been treated for mental illness, and been less than discriminating in the choices she has made with male companions.

All of which has been aggravated by grievous mistakes made by good and well-meaning judicial system employees dealing with novel technologies, whose errant computer keystrokes and lack of pre-posting diligence in the administration of the official Kobe Web site led to public disclosure of the young woman's name and address.

To say nothing of the begrudging release by Judge Terry Ruckriegle, under considerable appellate duress, of Rape Shield hearing transcripts, which under ordinary circumstances would never have seen the light of day. Those transcripts graphically illustrate defense theories about how the young woman's love life might explain the source of gynecological injuries observed later.

While having her lawyers appear on TV to test out public reaction to a civil suit for money damages while hinting at her desire to drop the criminal case probably isn't going to help prosecutors earnestly preparing for trial all that much, and for that matter, is not likely to improve her image, either, still the resentment and frustration that this young woman and her family must feel after all that has happened is unimaginable.

Now prosecutors, her attorneys, and she have suitable scapegoats to blame - Colorado judicial system employees - to justify what would otherwise be seen as the degrading and disgraceful belated dismissal of a criminal case which, by all accounts, should not have been filed in the first place.

If saving face and the potential for economic remuneration are all that matter now, perhaps it is, finally, time to pull the plug on People v. Bryant, once and for all.

Justice, step aside.

Scott Robinson is a Denver trial lawyer specializing in personal injury and criminal defense.

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