Linda McConnell © News Kobe Bryant, seen here leaving the Eagle County Justice Center in October, remains at the center of a legal and media firestorm. Prosecutors asked a judge Tuesday to seal all evidentiary pretrial motions in the case, arguing that publicity surrounding those motions could taint the potential pool of jurors.

Prosecutors want judge to put lid on pretrial moves

By Charlie Brennan And Peggy Lowe, Rocky Mountain News
November 20, 2003

Kobe Bryant prosecutors want to counter the massive publicity surrounding the case by persuading a judge that all pretrial motions containing information about evidence be sealed.

Prosecutor Ingrid Bakke filed a motion Tuesday saying, "It is anticipated that many of the evidentiary motions filed will contain potentially sensitive information which may be ruled inadmissible at trial."

She asked that to prevent potential tainting of the jury pool in Bryant's felony sexual assault case, all "evidentiary or potential evidentiary motions be initially filed under seal."

That request raised eyebrows with Denver attorney Tom Kelley, a First Amendment specialist representing major media groups fighting efforts to block access to information relating to the Los Angeles Lakers star's case.

"I have never seen one quite like this, where there is a blanket motion to keep all of the evidence from the public, before it is even filed," Kelley said.

"I have seen motions where specific categories of evidence are subject to a motion to seal, or an order, but not one that requires a sealed filing before we even know what the evidence is."

Kelley said there is currently nothing to prevent Eagle County District Attorney Mark Hurlbert and his team from provisionally filing any motion they choose under seal, then arguing before District Judge Terry Ruckriegle why it should remain out of the public eye.

"But his (Hurlbert's) concern is obviously what the defense will do" in revealing information potentially damaging to the prosecution case when filing its own motions, said Kelley.

Meanwhile, the war of words over a media leak fizzled Wednesday.

Hurlbert had previously asked for an investigation and sanctions against Bryant attorney Hal Haddon after a story appeared in the New York Daily News quoting former Eagle District Court Judge William Jones.

The Oct. 11 story said that Jones, who claimed he was Haddon's friend, told a reporter there was more than one man's semen found in the alleged victim's underwear and that he had learned that information from Haddon.

Haddon wrote a letter to Hurlbert denying the leak and saying he hadn't seen or spoken to Jones since some time in the 1980s.

Jones denied talking to Haddon when questioned by one of Hurlbert's investigators, and he wouldn't reveal where he learned the information.

In fact, Bryant's two-day preliminary hearing subsequently revealed that underwear worn by the victim contained semen that was not Bryant's.

In a motion filed last week, Hurlbert "clarified" that he wasn't asking for an investigation of Haddon, but rather into the leak.

Hurlbert said Jones "is being less than forthcoming" and asked Ruckriegle for an independent investigation.

Haddon, responding in a motion filed Wednesday, said Ruckriegle shouldn't order the investigation because it would violate doctrine that keeps the powers of the prosecutor and judge separate - and that the leak surfaced when the case was still in county court, not district court.

In addition, Haddon wrote, Ruckriegle and Hurlbert should listen to Denver U.S. District Court Richard Matsch, who oversaw the Oklahoma City bombing trials.

Matsch told defense attorneys and federal prosecutors involved in that case that "the best method for avoiding prejudicial pretrial publicity is to minimize the time necessary for preparation for the trial by requiring all participants to focus their energy on that effort."

Denver defense attorney Craig Silverman said it looks like Bryant's attorneys are "blinking."

"Now, team Kobe is saying, 'We have better things to do than find out the truth about this sideshow issue,' " Silverman said.

"The lawyers were about to engage in a sideshow fistfight with the last two pleadings, but they have both retreated into their corners," he said.

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