KOBE CASE BOMBSHELL: Proof that accuser had sex with another man

[Walter Cronkite]

Kobe Bryant's defense team believes it has proof that the woman who accused him of rape had sex with at least one other man shortly before the alleged attack, the Daily News learned yesterday.

The revelation came a day after Bryant's lead defense lawyer, Pamela Mackey, caused an uproar at a court hearing by asking whether the woman's vaginal tearing was the result of "sex with three different men in three days."

Retired Eagle County District Court Judge William Jones said Mackey asked the question because she has physical evidence suggesting the tearing could have happened during an earlier sexual encounter.

"There was more than one man's semen found in her panties," Jones said. "That's what's behind all of this."

Jones said he learned of this from Mackey's co-counsel, Hal Haddon.

"I have known him for 40 years," Jones said. "He was doing some work for me and he mentioned it to me. It will come out in due course."

He does not account for Mackey's suggestion that the woman had sex with a third man.

Citing the gag order that Judge Frederick Gannett imposed on the case, a spokeswoman for District Attorney Mark Hurlbert declined to comment. Bryant's defenders also declined to discuss the case.

Veteran Denver criminal defense attorney Jeralyn Merritt said she's convinced Mackey has something up her sleeve.

"By her asking that question, it's clear they have evidence about the accuser," she said. "Pamela Mackey would not have brought this up out of thin air."

Mackey, a lawyer known as a pit bull in pearls, dropped her bomb after Eagle County Sheriff's Detective Doug Winters recounted in graphic detail the alleged victim's version of what happened on June 30 at the posh hotel near Vail, Colo.

The 19-year-old woman told cops she and Bryant kissed. But when she tried to leave, Bryant bent her over a chair and raped her, Winters said.

The accuser's blood was found on Bryant's clothes, Winters said.

But Mackey's surprise question brought the proceeding to an abrupt halt. The hearing resumes on Wednesday.

Crossed a legal line?

Former Denver District Attorney Norm Early said Mackey "blatantly smeared" Bryant's accuser and possibly violated Colorado's Rape Shield law, which bars lawyers from delving into the sex lives of assault victims.

"I don't care what evidence they could have, three nights of consensual sex with three different partners would not lead to a vaginal tear," Early said.

Karen Steinhauser, another former Denver prosecutor and an expert on sex assault cases, disagreed. She said vaginal tearing also occurs during consensual sex and that Mackey's question was "proper."

"There is an exception under the Rape Shield that allows her to ask about the injuries if there is evidence they could have been caused before," she said.

Mackey is no stranger to high-profile cases. Among others, Mackey got a domestic violence charge against Colorado Avalanche goalie Patrick Roy dropped. She also avoided jail time for Jeane Newmaker, who smothered her 10-year-old adopted daughter in a highly publicized "rebirthing" case three years ago.

Haddon represented JonBenet Ramsey's parents and got sex assault charges against gonzo journalist Hunter Thompson dropped for lack of evidence.

source: New York Daily News

[AndySMC]

If this is true and the defense can prove it, then theres no way in hell Kobe is going to be found guilty.

[Jjerkinniggas]

If this is true and the defense can prove it, then theres no way in hell Kobe is going to be found guilty.

They don't have to prove it all they needed was good faith evidence which they have. This will get them reasonable doubt (all they need).



See eagle is trying to cover this sh*t up. Pamela Mackey is the truth. She's doing it big style right now and woody Harrilson's b*tch a$$ needs to stay in his f*cking lane before he gets ran over! Pamela Mackey is a Mack Truck and this little f*cker is a tonka toy. They aren't on the same level.

But Seriously If this girl was black they wouldn't have tried to bring this to trial because this case is so shaky and she has so much to gain from a Civil Suit (1.9 Million Dollars). Before when everyone thought she was Black they all said oh this will blow over it's just some girl lying to get money. Well, what's changed? NOthin
Her a$$ was suicidal and she saw an oppurtunity plain and simple.

[Walter Cronkite]

Update

Prosecutors tried to portray Kobe Bryant as an arrogant superstar who forced himself on a woman and wouldn't take no for an answer. Defense attorneys were just as rough with his accuser, suggesting she had sex with several men in the days before she said Bryant raped her.

Now it's up to a judge to decide whether the Los Angeles Lakers' guard will stand trial on charges that could send him to prison for the rest of his life.

A two-day preliminary hearing jammed full of revealing details about both Bryant and his accuser ended Wednesday with one more startling revelation - that the panties the woman wore to her rape exam had the semen of another man on them.

Both sides claimed victory, with the prosecution saying it presented clear evidence the woman was raped and the defense contending she lied about a sexual encounter with a celebrity she was more than eager to meet.

''She is not worthy of your belief,'' defense attorney Pamela Mackey said.

Judge Frederic Gannett is expected to decide that by Monday, when he said he would likely issue a ruling that will either result in the case being dismissed or Bryant being sent to trial on sexual assault charges.

Most legal analysts said they expected Bryant would be ordered to trial, and a prosecutor said there was ''uncontradicted'' evidence that Bryant raped the 19-year-old woman at a mountain resort.

''He held her by the back of the neck with his hand during sexual intercourse,'' Greg Crittenden said. ''He lifted up her skirt. She said 'no.' He pulled down her underpants and she said 'no.' He penetrated her from behind and she cried.''

Crittenden was largely successful in getting the woman's story of her encounter with Bryant on June 30 at the Cordillera Resort & Spa told during the hearing that drew a horde of media members to this tiny mountain town.

He put Eagle County Detective Doug Winters on the stand to lead him through details of an encounter that began with innocent flirtation, got more serious with some consensual kissing and finally escalated into sex with the woman draped over the back of a chair in Bryant's hotel room.

But while prosecutors were eager to let the public hear graphic details of how the woman said Bryant forced her into sex, they also got an indication of how savagely the defense will go after his accuser should the case go to trial.

During Wednesday's hearing, Mackey got Winters to admit that another man's semen was on the yellow panties the woman wore to her rape test the day after her encounter with Bryant. The panties were a different pair than the underwear the woman said she wore the night she met Bryant.

The revelation plays into the defense's contention that the woman had multiple sexual encounters in the days before she claims she was raped and that her injuries may have been caused by those encounters.

''It's startling, it's impressive but its negative public relations value for the prosecution is more significant than its legal value,'' said Stan Goldman, a professor at Loyola Law School in Los Angeles.

Indeed, both sides appeared to be playing to public sympathies during the hearing in an effort to bolster their cases among any potential members of a jury.

That's why prosecutors brought out details such as the woman's claim that Bryant made her kiss his penis before she was allowed to leave, and that's why Mackey suggested last week that the accuser's injuries were consistent with someone having sex with three men in three days.

If the case goes to trial, though, any discussion of the women's sexual past will be limited by Colorado's Rape Shield Law. And prosecutors may have trouble convincing a jury that a woman enamored of Bryant's celebrity had no intention of having sex with him as they kissed in his room.

Eagle County District Attorney Mark Hurlbert said there was more to come from the prosecution if the case goes to trial. He said prosecutors deliberately limited the hearing to testimony by Winters so they would not have to lay out their entire case.

''No prosecutor puts on their whole case at preliminary hearing,'' he said. ''In this case you saw kind of a sanitized version.''

Bryant, who has traveled to Eagle three times over the last two months for court sessions, will likely hear of the judge's decision on his trial from his lawyers. Gannett said he would post the decision on the court's Web site, probably on Monday.

If a trial is ordered, Bryant will have to come back within 30 days to enter a plea. After that, a trial could be held within six months, though many expect it to be delayed until next summer's NBA offseason.

Meanwhile, Eagle will return to normal as television sets in front of the courthouse are torn down and members of the media leave town. Already, the excitement of having a celebrity trial in town appears to be wearing down, with most in Eagle ignoring the spectacle taking place at the small courthouse on the town's outskirts.

Source: AP