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The U.S. Supreme Court has given a Colorado court a chance to rethink a decision to bar media organizations from publishing details from a closed-door hearing in the Kobe Bryant sexual assault case.
In an opinion issued Monday, Justice Stephen Breyer said last week's ruling allowing some information about the alleged victim's sex life to be admitted at Bryant's trial next month may change the lower court's decision to bar the media from publishing transcripts of the hearing which were accidentally e-mailed to them by a court reporter.
"Their release, I believe, is imminent," Breyer wrote of the transcripts. "I recognize the importance of the constitutional interests at issue. But a brief delay will permit the state courts to clarify, perhaps avoid the controversy at issue here."
None of the news organizations, including the Associated Press, has published any portion of the transcripts at issue in the Supreme Court case. They came from a June hearing on the woman's sex life and how much she's received from a state victims' compensation program.
The organizations challenged District Judge Terry Ruckriegle's order barring publication as an unconstitutional prior restraint on a free press. The Colorado Supreme Court upheld the order, saying the facts of the Bryant case justified a prior restraint.
But Ruckriegle ruled on Friday that Bryant's lawyers can present evidence about the woman's sexual activities in the three days before a July 1, 2003, hospital exam, saying it is relevant to help determine the cause of her injuries, the source of DNA evidence and her credibility.
Breyer said the seven media organizations who filed the request with the high court could file another appeal if their concerns aren't satisfied after two days. Besides the AP, organizations involved in the transcripts case are The Denver Post, the Los Angeles Times, CBS, Fox News, ESPN and the television show "Celebrity Justice."
Prosecutors say that Bryant's alleged victim is still determined to go to trial despite the judge's ruling, which will allow the defense to argue that her injuries could have been caused by sex with someone other than Bryant.
"We're still planning on moving forward toward a trial," prosecution spokeswoman Krista Flannigan said Monday. She said prosecutors spoke to the 20-year-old after Friday's ruling and haven't decided whether to appeal Ruckriegle's decision.
Flannigan declined to say whether prosecutors had ruled out a plea bargain. In his decision, Ruckriegle extended the deadline for a plea deal to Wednesday. Defense attorneys Pamela Mackey and Hal Haddon had no comment, their law office said.
Bryant faces a single charge of felony sexual assault stemming from a June 2003 encounter with the woman, then a 19-year-old desk worker at a Vail-area resort. He has pleaded not guilty, saying they had consensual sex.
Bryant's trial is scheduled to begin Aug. 27. 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.
Source: AP
In an opinion issued Monday, Justice Stephen Breyer said last week's ruling allowing some information about the alleged victim's sex life to be admitted at Bryant's trial next month may change the lower court's decision to bar the media from publishing transcripts of the hearing which were accidentally e-mailed to them by a court reporter.
"Their release, I believe, is imminent," Breyer wrote of the transcripts. "I recognize the importance of the constitutional interests at issue. But a brief delay will permit the state courts to clarify, perhaps avoid the controversy at issue here."
None of the news organizations, including the Associated Press, has published any portion of the transcripts at issue in the Supreme Court case. They came from a June hearing on the woman's sex life and how much she's received from a state victims' compensation program.
The organizations challenged District Judge Terry Ruckriegle's order barring publication as an unconstitutional prior restraint on a free press. The Colorado Supreme Court upheld the order, saying the facts of the Bryant case justified a prior restraint.
But Ruckriegle ruled on Friday that Bryant's lawyers can present evidence about the woman's sexual activities in the three days before a July 1, 2003, hospital exam, saying it is relevant to help determine the cause of her injuries, the source of DNA evidence and her credibility.
Breyer said the seven media organizations who filed the request with the high court could file another appeal if their concerns aren't satisfied after two days. Besides the AP, organizations involved in the transcripts case are The Denver Post, the Los Angeles Times, CBS, Fox News, ESPN and the television show "Celebrity Justice."
Prosecutors say that Bryant's alleged victim is still determined to go to trial despite the judge's ruling, which will allow the defense to argue that her injuries could have been caused by sex with someone other than Bryant.
"We're still planning on moving forward toward a trial," prosecution spokeswoman Krista Flannigan said Monday. She said prosecutors spoke to the 20-year-old after Friday's ruling and haven't decided whether to appeal Ruckriegle's decision.
Flannigan declined to say whether prosecutors had ruled out a plea bargain. In his decision, Ruckriegle extended the deadline for a plea deal to Wednesday. Defense attorneys Pamela Mackey and Hal Haddon had no comment, their law office said.
Bryant faces a single charge of felony sexual assault stemming from a June 2003 encounter with the woman, then a 19-year-old desk worker at a Vail-area resort. He has pleaded not guilty, saying they had consensual sex.
Bryant's trial is scheduled to begin Aug. 27. 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.
Source: AP