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Prosecution in Kobe case dig in despite major setback
Prosecutors vowed Monday to try NBA star Kobe Bryant on a sexual assault charge, despite a judge's decision that could make it harder to win a conviction.
"We're still planning on moving forward toward a trial," prosecution spokeswoman Krista Flannigan said. She said prosecutors spoke to the 20-year-old alleged victim Friday after the ruling that will allow the defense to argue that her injuries could have been caused by sex with someone other than Bryant.
"She still has strong resolve to move forward," Flannigan said.
In a related development, U.S. Supreme Court Justice Stephen Breyer temporarily rejected a request by seven media organizations to publish details from a closed-door hearing that were mistakenly e-mailed by a court reporter. Breyer, however, said the organizations could file another appeal if their concerns aren't satisfied in a matter of days.
Meanwhile, attorney Lin Wood arrived in Colorado to meet with John Clune, who has represented the woman for months. Wood said the talks would include last week's ruling by District Judge Terry Ruckriegle but he declined to offer specifics.
Clune did not respond to e-mail and telephone messages seeking comment.
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.
Larry Pozner, a Denver attorney and former president of the National Association of Criminal Defense Lawyers, said a plea deal was unlikely.
"If the prosecution offers a deal, it's because the complaining witness doesn't want to go ahead with a trial," he said. "If the complaining witness is pulling the plug, the defense has no need for a plea bargain."
He said prosecutors won't go to trial without the accuser's consent, even though the law allows them to. "In a sexual assault case, no prosecutor would force an accuser to get on the stand if the accuser said, 'I don't want to,"' he said.
Defense attorneys Pamela Mackey and Hal Haddon had no comment, their law office said.
Bryant, 25, 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.
The defense has suggested the woman had multiple sexual partners in the days surrounding her encounter with Bryant, including sex with someone after the alleged attack and before she contacted the authorities. Clune has denied that claim.
Colorado's rape-shield law generally prevents the sex life of an alleged assault victim from being admitted as evidence. But a judge can hear evidence behind closed doors and determine whether the details are relevant.
In his ruling, Ruckriegle said the defense 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.
His ruling explaining what evidence will be admitted was filed under seal.
The ruling will allow the defense to introduce evidence about relationships between the alleged victim and the first people she spoke with after her encounter with Bryant. Ruckriegle did not identify them, but two have been identified in previous court filings and hearings as former boyfriend Matt Herr and Bobby Pietrack, a high school classmate and co-worker at the Cordillera resort.
Flannigan said prosecutors had not decided whether to appeal.
Clune has said the accuser has received hundreds of threatening phone calls and e-mails. Last week, he pleaded with the judge last week to stop posting court documents on a state courts Internet site, saying the inadvertent release of the woman's name on an online court document and the e-mail gaffe have put her in danger.
None of the news organizations, including ESPN and The Associated Press, has published any portion of the transcripts, which 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 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.
Late Monday, Breyer rejected the media's request for an immediate stay of the order. He said the judge has not yet decided whether any part of the trial transcripts should be made public.
"Their release, I believe, is imminent," Breyer wrote. "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."
Breyer offered no legal analysis on the constitutionality of the ruling.
An attorney for the media groups, Steven Zansberg, declined comment.
The other organizations involved in the transcripts case are The Denver Post, Los Angeles Times, CBS, Fox News and the television show "Celebrity Justice."
Source: ESPN
"We're still planning on moving forward toward a trial," prosecution spokeswoman Krista Flannigan said. She said prosecutors spoke to the 20-year-old alleged victim Friday after the ruling that will allow the defense to argue that her injuries could have been caused by sex with someone other than Bryant.
"She still has strong resolve to move forward," Flannigan said.
In a related development, U.S. Supreme Court Justice Stephen Breyer temporarily rejected a request by seven media organizations to publish details from a closed-door hearing that were mistakenly e-mailed by a court reporter. Breyer, however, said the organizations could file another appeal if their concerns aren't satisfied in a matter of days.
Meanwhile, attorney Lin Wood arrived in Colorado to meet with John Clune, who has represented the woman for months. Wood said the talks would include last week's ruling by District Judge Terry Ruckriegle but he declined to offer specifics.
Clune did not respond to e-mail and telephone messages seeking comment.
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.
Larry Pozner, a Denver attorney and former president of the National Association of Criminal Defense Lawyers, said a plea deal was unlikely.
"If the prosecution offers a deal, it's because the complaining witness doesn't want to go ahead with a trial," he said. "If the complaining witness is pulling the plug, the defense has no need for a plea bargain."
He said prosecutors won't go to trial without the accuser's consent, even though the law allows them to. "In a sexual assault case, no prosecutor would force an accuser to get on the stand if the accuser said, 'I don't want to,"' he said.
Defense attorneys Pamela Mackey and Hal Haddon had no comment, their law office said.
Bryant, 25, 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.
The defense has suggested the woman had multiple sexual partners in the days surrounding her encounter with Bryant, including sex with someone after the alleged attack and before she contacted the authorities. Clune has denied that claim.
Colorado's rape-shield law generally prevents the sex life of an alleged assault victim from being admitted as evidence. But a judge can hear evidence behind closed doors and determine whether the details are relevant.
In his ruling, Ruckriegle said the defense 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.
His ruling explaining what evidence will be admitted was filed under seal.
The ruling will allow the defense to introduce evidence about relationships between the alleged victim and the first people she spoke with after her encounter with Bryant. Ruckriegle did not identify them, but two have been identified in previous court filings and hearings as former boyfriend Matt Herr and Bobby Pietrack, a high school classmate and co-worker at the Cordillera resort.
Flannigan said prosecutors had not decided whether to appeal.
Clune has said the accuser has received hundreds of threatening phone calls and e-mails. Last week, he pleaded with the judge last week to stop posting court documents on a state courts Internet site, saying the inadvertent release of the woman's name on an online court document and the e-mail gaffe have put her in danger.
None of the news organizations, including ESPN and The Associated Press, has published any portion of the transcripts, which 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 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.
Late Monday, Breyer rejected the media's request for an immediate stay of the order. He said the judge has not yet decided whether any part of the trial transcripts should be made public.
"Their release, I believe, is imminent," Breyer wrote. "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."
Breyer offered no legal analysis on the constitutionality of the ruling.
An attorney for the media groups, Steven Zansberg, declined comment.
The other organizations involved in the transcripts case are The Denver Post, Los Angeles Times, CBS, Fox News and the television show "Celebrity Justice."
Source: ESPN