EAGLE, Colo. - Defense attorneys argued that Kobe Bryant's statements to investigators after the NBA star was accused of rape last summer should be kept secret because it is not yet certain they will be used in his trial.
In the court filing, made public Thursday, the lawyers opposed a news media request to release Bryant's statements and testimony about those statements.
In separate filings, prosecutors said they intend to introduce the statements at the trial but took no position on whether the statements should be released beforehand.
Attorneys for 12 news organizations asked District Judge Terry Ruckriegle last week to release the statements, which Bryant made to two Eagle County sheriff's deputies on July 1, 2003, the night after the alleged assault.
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Attorneys for the news organizations said information that has been publicly released about the interview suggested Bryant did not say anything incriminating. That suggested that the defense wanted to keep the statement secret to protect Bryant from embarrassment, which the media attorneys argued was not a valid reason to keep the evidence sealed.
The 25-year-old Los Angeles Lakers (news) star has pleaded not guilty to felony sexual assault. He faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000 if convicted. Jury selection is scheduled to begin Aug. 27.
Bryant's lawyers said news organizations have no right to view or publish potential evidence until it is admitted at trial, and that Bryant's privacy and fair-trial rights outweigh the media's First Amendment rights of access to criminal justice records
While it is unfair to ask individuals to avoid making judgments about parties in a court case, it is not unreasonable to expect those decisions to be made after the facts have been presented. This case highlights the fact that rape victims are almost automatically discredited when they decide to report their case. The "supporters" of Kobe Bryant made their decision about his innocence and the dishonesty of the victim before the evidence was even available. The woman in question was labeled as a gold-digger, slut, and manipulator and crucified before the arraignment even took place.
Mark my words the prosecution will drop the case.
...oh but poor baby doesn't want her name released just yet...
She admits to kissing and stuff then says she didn't want it from this black guy?
Anyhow, I hope this is over soon, there are much more real cases out there of rape than this.
EAGLE, Colo. - The sexual assault charge against Kobe Bryant has been dropped, but his accuser — whose reluctance to participate derailed the criminal trial before it ever really got started — isn't letting the NBA star off the hook just yet.
With jury selection under way, the criminal case was dropped late Wednesday by prosecutors who said the 20-year-old woman accusing Bryant of rape had decided not to participate. She dropped out following a series of gaffes that led to the public disclosure of her name and other personal details, and prosecutors said they would not carry on without her testimony.
Well CSA, you were right
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But the deciding factor, according to both sides, was the young woman's decision that she could no longer stand the repeated leaks revealing her identity, her medical records and her sexual habits - all violations of the "rape shield" provision in Colorado law.
"The difficulties that this case has imposed on this woman the past year are unimaginable," her lawyer, John Clune, told reporters. Several commentators lamented the perils of conducting a criminal prosecution with a celebrity defendant, saying everyone ended up a loser while the truth remained elusive.
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The woman has not closed the door on a civil suit against Mr Bryant. In his apology, he acknowledged that, despite his belief at the time, the woman did not regard the encounter as consensual. "Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure," he said.
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