Posted on 08/16/2004 10:31:02 AM PDT by buzzyboop
In another setback to the prosecution in the Kobe Bryant sexual assault case, the Colorado Supreme Court refused Monday to hear an appeal of a key ruling that allows the NBA star's attorneys to tell jurors about the accuser's sex life.
District Judge Terry Ruckriegle last month ruled that the defense can use information about the woman's sexual activities in the three days before her hospital exam, which occurred 15 hours after her encounter with Bryant.
In their one-page order, justices did not explain why they decided against considering the appeal. The order was released as Bryant's final pretrial hearing got under way Monday morning.
Prosecutors had filed the appeal only last week, with the Aug. 27 trial date approaching. The timing of the appeal, along with prosecutors' unsuccessful attempt to indefinitely delay the trial, had prompted widespread speculation about whether they would drop the case.
The 20-year-old accuser filed a civil suit against Bryant in federal court last week, further complicating prosecutors' task and prompting Bryant's attorneys to accuse her in a court filing of simply seeking money.
During Monday's hearing, however, prosecutors appeared to be moving toward trial as scheduled.
Denver attorney Scott Robinson, who has followed the case, said prosecutors have too much invested in the case to dismiss it so soon before trial, but he said the civil suit puts in doubt the accuser's willingness to participate.
"When you have filed a civil lawsuit you have laid your motives bare," he said.
Former prosecutor Norm Early predicted the trial would begin as scheduled.
"I believe she honestly believes she was sexually assaulted," he said. "She's been through an incredible amount of trauma, and now is the time for Kobe Bryant to feel a little bit of trauma. She's never had her day in court."
During Monday's closed-court hearing, prosecutors were scheduled to ask Ruckriegle to reconsider his decision allowing the defense to tell jurors about money the alleged victim received from a victims compensation fund.
The defense has indicated it plans to tell jurors that the woman was given nearly $20,000, far more than usual, for mental health care and other services. Details of their argument were filed under seal.
The judge's decision could bolster the defense's efforts to undermine the alleged victim's credibility. Defense attorney Pamela Mackey said in a filing the woman's decision to sue Bryant last week in federal civil court had the effect of "exposing her motivation to pursue her false accusation — the hope of a large monetary award."
If convicted, the 25-year-old Los Angeles Lakers (news) guard faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.
Yep. By Friday, if not earlier.
Some thing that is odd about this case is that the race hustlers aren't out in force defending Kobe.
Although, it does seem that he is winning the case.
Hillary is clearing her throat.....
They start whining about Racism then they have a huge PR problem.
Better to sit this fight out. Media can be pro-women and it's not worth it to race pimps to force the media to pick sides.
Kate F. appears from the evidence to be an unstable, rather promiscuous crackpot. She must have known when she accepted Kobe's invitation early that morning that he wasn't interested in discussing politics (or anything else for that matter). He was interested in Booty Call, and I'll wager she was willing to go along, perhaps until things got too "rough". No wonder the state's case is collapsing, and young Kate F. is going for the dinero by filing a civil suit.
A relative is the victim of rape. All I can say is, when the girl was raped, she did not immediately seek out someone else to have sex with.
No one will ever really know what happened there. Kobie is a first class scum hole doing what he did, consentual or not. He's married with a small child.
true, but all of which is irrelevant to whether or not he committed rape.
That sounds logical. I had not figured that logic could overpower the need to get face time for jesse & al.
Exactly.
I know that many people are indignant about this man, cheating on his wife but that does NOT mean he committed rape.
Folks need to focus that anger somewhere else. I think he was stupid for not only cheating on his wife but for being naive enough to think that this chick wouldn't try to hit him up for money. These men need to think beyond their zippers and look at every groupie as a potential saving account DRAINER!
all of those screaming for Kobe's head on a platter cannot seem to get past the adultery and seem to think that it is a jailable offense. bad, immoral, reprehensible YES, but NOT illegal.
Of course. Like too many NBA stars, he's on permanent Booty Call. But when you find semen from 3 different men inside a woman, her claims of rape are naturally called into question.
I agree. Also, a woman that has been raped is traumatized. She does NOT go out and have sex with another guy(s) afterward. Something I would like to know though........was Kobe's semen found?? I know the rumor is that there was evidence of other men's semen. Another thing, who wears dirty underwear, with other men's semen in them, when they"re going to examined for rape 3 days later?
I do think Kobe is a scumbag for what he did to his wife, but rape? I just don't buy it. This girl has problems.
Amen to that. Nothing is more dangerous to a wealthy man than an unstable and greedy young woman. Maybe Kate F. can get John Edwards to represent her in her civil suit. A vulture like him should be attracted to any carcass stuffed with money.
I hope this helps discredit the rape shield laws for good. Most rape cases are he said, she said where the credibility of both the defender and accuser are weighed. If Kobe Bryant's attorney's had not been so aggressive, evidence that will now acquit him would not be available and she would not have been discredited. Is it more important that this woman be spared hearing about her behavior or that his rights as a defendant be protected? I read and heard that the woman could not get a "fair trial" with the information being out there. I didn't know she was on trial! In addition, it was reported that Kobe's prior "bad acts" would be admitted. Why his and not hers? Is this fair or just a Kangaroo Court type of approach?
have you guys been on the Kobe threads throughout? because that kind of talk would brand you a KOBOT or worse ; ) don't know where all those people went, that were sure this sainted girl was brutally raped by Kobe, but they sure gave us a hard time when we called her veracity into question!
oh i totally agree. i am not an NBA fan period, let alone kobe, i could care less, but there was plenty who branded me a Kobot for conceiving of the fact that the woman was flat out LYING. Because of his adultery, there were those that were positive that he raped her and that she couldn't possibly be lying. sad fact, women lie and men need to be able to defend against lies.EVEN ADULTERERS are entitled to the ability to defend against false accusations.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.