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Kobe Bryant's Defense Team Wins Access to Text Messages
Kobe Bryant is charged with felony sexual assault in Eagle, Colo.
A judge has granted Kobe Bryant's attorneys access to cell phone text messages sent among three people -- including the woman accusing the NBA star of rape -- in the hours after the alleged attack.
"The materials contain information that is relevant for discovery," state District Judge Terry Ruckriegle said in a decision released on Thursday.
He ordered Bryant's defense team and Eagle County prosecutors to keep the messages and an accompanying letter from AT&T Wireless Communications sealed for now. Legal experts said the judge could rule later that the material is not relevant to the case.
Bryant, 25, has pleaded not guilty to felony sexual assault, saying he had consensual sex with a Vail-area resort worker in his hotel room last June 30. If convicted, the Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000. The accuser turns 20 on Friday.
Defense attorneys have said the messages were sent within hours of the alleged attack among the accuser, a former boyfriend, Matt Herr, and a third, unidentified person.
The judge has said the text messages might contradict statements or testimony, making them potentially "highly relevant" in the case.
Prosecutors took no formal position on whether AT&T should turn over the text messages. Herr's attorney, Keith Tooley, argued at a recent hearing against turning them over, saying the defense should not be allowed to go on a "fishing expedition."
Tooley's law office said he was out of town and he did not immediately return telephone and e-mail messages.
Criminal cases in Europe and Asia have hinged on text message evidence, but Bryant's case appears to be among the first in the nation in which the material could play a pivotal role.
Source: AP