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The Colorado Supreme Court ruled Monday the media have no right to publish mistakenly released details from a closed-door hearing in the Kobe Bryant sexual assault case.
The First Amendment fight involves transcripts from a two-day hearing last month that were accidentally e-mailed by a court reporter to seven news organizations, including he Associated Press.
The trial judge quickly issued an order threatening a contempt citation against any news organization that released details of the hearing, which focused on attempts by Bryant's attorneys to use details of his accuser's sex life and money she has received under a state victims' compensation program as evidence.
None of the details has been published or broadcast, but the media appealed the ruling.
The high court acknowledged the judge's order amounted to prior restraint of a free press, which is barred by the Constitution. The court, however, said such a step was permissible under the facts and context of the Bryant case.
"The Supreme Court determines that the state has an interest of the highest order in this case in providing a confidential evidentiary proceeding under the rape-shield statute, because such hearings protect victims' privacy, encourage victims to report sexual assault, and further the prosecution and deterrence of sexual assault," the court said in a summary of its ruling.
Bryant, 25, has pleaded not guilty to felony sexual assault, saying he had consensual sex with a woman, now 20, in his hotel room in June 2003. If convicted, the Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.
Bryant was in Eagle on Monday for a pretrial hearing.
Source: AP
The First Amendment fight involves transcripts from a two-day hearing last month that were accidentally e-mailed by a court reporter to seven news organizations, including he Associated Press.
The trial judge quickly issued an order threatening a contempt citation against any news organization that released details of the hearing, which focused on attempts by Bryant's attorneys to use details of his accuser's sex life and money she has received under a state victims' compensation program as evidence.
None of the details has been published or broadcast, but the media appealed the ruling.
The high court acknowledged the judge's order amounted to prior restraint of a free press, which is barred by the Constitution. The court, however, said such a step was permissible under the facts and context of the Bryant case.
"The Supreme Court determines that the state has an interest of the highest order in this case in providing a confidential evidentiary proceeding under the rape-shield statute, because such hearings protect victims' privacy, encourage victims to report sexual assault, and further the prosecution and deterrence of sexual assault," the court said in a summary of its ruling.
Bryant, 25, has pleaded not guilty to felony sexual assault, saying he had consensual sex with a woman, now 20, in his hotel room in June 2003. If convicted, the Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.
Bryant was in Eagle on Monday for a pretrial hearing.
Source: AP