Experts question it, but DA says Bryant case will proceed

By Charlie Brennan, Rocky Mountain News
August 11, 2004

Legal experts believe Tuesday's filing of a federal lawsuit against Kobe Bryant by the alleged victim in his criminal case could have enormous impact on that upcoming trial, possibly scuttling it altogether.

But that's not something the prosecution team is ready to concede, according to a spokeswoman for Eagle County District Attorney Mark Hurlbert.

Advertisement

"As far as the district attorney's office is concerned, the filing of the civil suit has no impact on the status of the criminal case that's in district court," said Krista Flannigan. "We're still moving forward."

Jury selection for Bryant's sexual assault trial is set to begin in Eagle on Aug. 27, but some observers now believe that will never come to pass.

"I think it foreshadows a dismissal of the criminal case, and I think the civil lawyers knew that when they filed this," said Dan Recht, past president of the Colorado Criminal Defense Bar.

"We're going to see the victim urge the prosecution to dismiss the case, and we're going to see the prosecution agree to dismiss the case, based on the urging of the victim."

The filing of the federal lawsuit,

Recht said, would make a criminal prosecution - already beset by many problems - even more difficult.

"The reason for that is that she will now be cross-examined in a criminal case about her monetary motives to fabricate a rape charge," said Recht.

"That's what a cross-examination will revolve around - if there is a criminal case - that she is out to make money. That is why a civil case is generally not filed until the criminal case is over, and everybody knows that."

Former Denver prosecutor Karen Steinhauser, now a professor at the University of Denver College of Law, believes that discussions about settling the just-filed civil case could include, as a condition, deciding the fate of the criminal case, as well.

"Settling a civil lawsuit could include not going forward with a criminal prosecution," Steinhauser said.

However, she added, even if Bryant's alleged victim accepts a prompt civil settlement and elects not to testify in a criminal case, that could cripple, but not necessarily kill, the criminal prosecution.

"The prosecution still has their say in it," Steinhauser said. "They can elect to say 'We're not dropping the case.' There's a lot of 'ifs' out there and a lot of questions now about what's going to happen."

Steinhauser believes that if any plea bargain discussions had been under way in the criminal case, the likelihood of a deal being reached in such negotiations just went down dramatically.

"If he pleads guilty to anything in the criminal case, that can be used in the civil case, as to admission," she said.

Former Denver prosecutor Craig Silverman echoed Steinhauser.

"I would expect civil settlement discussions would take place, rather than (criminal) plea discussions," he said. "I find it hard to believe that Kobe Bryant would now plead to any kind of criminal offense.

"If he's going to plead guilty to any kind of assaultive conduct toward her, whether sexual or not, he may as well open up his checkbook."

Steinhauser said Tuesday's development does not, by itself, make a change of venue for the trial any more likely.

"But," she said, "if they question 100 jurors and they're not finding anybody who has not made up their mind yet, absolutely, they can say, 'It's impossible, we have to file for change of venue.' ''

brennanc@RockyMountainNews.com or 303-892-2742

Copyright 2004, Rocky Mountain News. All Rights Reserved.