DA hasn't shown everything

Vail Daily ^ | October 15, 2003 | Randy Wyrick

[af_vet_1981]

District Attorney Mark Hurlbert said the prosecution did not lay out its entire case during Kobe Bryant's preliminary hearing and had no intention to do so.

The preliminary hearing is to determine only whether probable cause exists and that Bryant's case should be sent along to trial.

"Probable cause is a low standard and no prosecutor puts on an entire case in a preliminary hearing," Hurlbert said to reporters after the preliminary hearing ended Wednesday afternoon. "What you saw was a sanitized version of the evidence."

With a nod to the court of public opinion and the media, Hurlbert said that's not his most important audience.

"My intention was never to try this case in the media," said Hurlbert. "My intention was to try this case before an Eagle County jury of 12.

"I am confident the judge will bind it over, and I'm confident in the people's case versus Kobe Bean Bryant."

Hurlbert said he spoke to the victim and her family, and she's "doing OK."

Eagle County Sheriff's Detective Doug Winters told reporters he thinks the Sheriff's Office investigation was thorough.

"When you investigate cases like this, you ask the pertinent questions - who, what, when, where, why and how," said Winters. "I feel that we asked and answered those questions."

Denver defense attorney Craig Silverman remains unconvinced.

"I don't think the case should have been filed," said Silverman. "I spent 16 years as a prosecutor, and this is not an easy road for her, nor for the people who had sex with her. They know who they are, and they will be called to testify."

"The prosecution would do Mr. Bryant and the alleged victim a favor by dismissing this case at this point."

Victoria Ricke, who was rolling through from Iowa when she and a friend stopped to take in the spectacle, said Bryant could have solved most of his own problems, even after his admitted adultery.

"Mr. Bryant's T-shirt is a little like Bill Clinton's blue dress, she said. "Clinton should have gotten rid of that blue dress, and Mr. Bryant should have gotten rid of that T-shirt."

And which way does she see it going?

"For now, I have to lean a little bit toward him having done it," she said. "We'll see once the trial starts and she has to testify."

[So Cal Rocket]

By making these remarks, isn't Hurlbert violating the Judge's gag order on the case?

[Pukin Dog]

Yeah sure, rookie.

That's why he pulled a 180, and begged to have the hearings closed? After Kobe's little-lady-lawyer beat the snot out of him?

She did not have to run to the media, but he sure did. She is beating him like he stole something.

[Sacajaweau]

Silverman is rather threatening. However had sex with her is going to be called, he said.

[af_vet_1981]

Apparently not, either he said it in court or perhaps there was a consequence to Mackey's tactics ...

Each side claims victory

Randy Wyrick

Kobe Bryant's defense attorney said in closing arguments Wednesday that her client's accusers failed to make their case and the alleged victim was unworthy of the judge's belief. Pamela Mackey asked Eagle County Court Judge Fred Gannett to dismiss the case, "The People vs. Kobe Bean Bryant." "It is our heartfelt belief that the prosecution failed in its efforts to have the case bound over," said Mackey.

Deputy District Attorney Gregg Crittenden, naturally, saw things from a different perspective. "We believe sufficient evidence has been presented to convince the court to bind this case over for trial," Crittenden said in his closing arguments.

In her closing arguments, Mackey asserted the prosecution's evidence was too weak to send the case to trial. "The prosecution has presented a very thin case based mostly on hearsay," said Mackey.

While the level of proof might be low to prove probable cause in a preliminary hearing, Mackey said it does require more than hearsay testimony and that hearsay won't support the prosecution's contention of force versus consent.

"The evidence presented is meaningless without the hearsay testimony of Detective Winters and without the hearsay testimony of the CBI," said Mackey. "The prosecution has chosen to put on a case entirely based on hearsay. They can go down that road, but assured in the risk that the court will apply the law."

Mackey also called into question the alleged victim's credibility.

"We believe we have met that burden and that she is not worthy of your belief," Mackey said to Gannett.

Crittenden told Gannett that Eagle County Sheriff's Detective Doug Winters saw the blood, the shirt and the blood.

"There were three blood-stained smears on the inside of the shirt," said Crittenden. "They were tested and came back as the blood of the victim."

The amount of blood in those stains was not made clear, nor did he address the panties worn to the hospital the next day that contained blood as well as semen from a Caucasian male in a previous consensual encounter.

The evidence submitted to the court included photographs depicting two tiny lacerations, two centimeters long, to the alleged victim's posterior frochette that require magnification to see, and a bruise half the size of a penny on the victim's jawline. Crittenden said that bruise corroborates the assertion that Bryant held his alleged victim by the back of her neck.

"He pulled up her skirt, and she said, "No." He pulled down her panties, and she said, "No." He penetrated her from behind, and she cried," said Crittenden. "His thumb was on her jawline, right where the bruise is."

Crittenden told Gannett that the court must take the evidence presented in a preliminary hearing in the light most favorable to the prosecution.

"The evidence indicates that the defendant met the victim that night. Minutes later he sexually assaulted her, penetrating her, hurting her to the point that she bled," said Crittenden. "What's uncontradicted is that there was blood on her underwear from that night. There was blood on his T-shirt from that night."

AT A GLANCE

Eagle County Court Judge Fred Gannett said he will rule Monday on whether the case should go to trial. If it is, Bryant will appear in District Court for his arraignment, where he will enter a plea of not guilty.

Bryant is charged with one count of felony sexual assault. If convicted, he faces up to life in prison.

[af_vet_1981]

It's all they have. They have to attack and destroy the rape victim to get the rapist off. It's what defense attorneys and rape fans do.

[Pukin Dog]

How about you quote something said that was actually an attack, instead of just a piece of factual evidence? You make take the facts as an attack, but that is your problem. Mackey did not attack the girl, she attacked her claim. If you can provide a single quote that can be considered an attack, rather than a fact, please provide it.

[colorado tanker]

The prosecutor does not have to reveal all of his case to the public at this time but he does have to reveal it to the defense. And they are acting very confident.

[Toespi]

The DEFENSE hasn't shown everything either.

[af_vet_1981]

The defense is trying to get the case dropped. The DA is assuming it will go to trial and will present most of the evidence there.

[rolling_stone]

The prosecutor does not have to reveal all of his case to the public at this time but he does have to reveal it to the defense. And they are acting very confident.

Saddam acted very confident before his army got the sand kicked out of them and he ran and hid...

[af_vet_1981]

Saddam acted very confident before his army got the sand kicked out of them and he ran and hid... and he had and has fans still ...

[Pukin Dog]

Still waiting for those "attack" quotes.......

[babygene]

"hey have to attack and destroy the rape victim to get the rapist off. It's what defense attorneys and rape fans do."

Your so full of crap... Assume for a moment that Bryant is inocent of rape, and he is being falsely accused. (I'm sure his attorneys believe this, and he is afterall inocent until proven guilty.

In that case, does the women deserve any consideration what so ever? If she is making up the rape stuff, what she deserves is to go to prison for about 50 years.

If this comes down to a he says / she says case (and that looks to be where it is going), then everything about her past and his must come out...

Not wanting to see a man rail-roaded does not make one a rape fan.

[colorado tanker]

Saddam lost the war to Iran and lost the first Gulf War. These lawyers do not have a track record of losing.

[GLDNGUN]

They have to attack and destroy the rape victim to get the rapist off. It's what defense attorneys and rape fans do.

So remember next YOU are falsely accused of a heinous crime, you MUST NOT call your accuser's character into question. Even if he/she is a mentally unstable, lying thief. Don't forget now, ok?

[lugsoul]

Bean?

[mewzilla]

Of course the defense is acting confident. What else are they going to do?

[colorado tanker]

Doing the preliminary hearing was an in your face move saying you can throw your best at us and we'll still win. This is almost never done.

From what I heard this case is weak.

[Pukin Dog]

As you can see, there seem to be no direct quotes forthcoming. This is standard operating procedure for those attacking Kobe Bryant's lawyer. Hit and run. I personally feel that if Kobe is quilty, then he should spend a long time in prison. However, I think a few people have gotten emotionally involved to the point that they are actually rooting for one side against another. There are some who WANT Kobe to be guilty. I only want him to be found guilty IF if IS guilty.