(Kobe Bryant) Prosecutor Blew this Rape Case

Indianapolis Star ^ | October 27, 2003 | Susan Estrich

[Recourse]

Kobe Bryant must now stand trial for a crime that, unless the prosecution has something very big up its sleeve, he never should have been charged with.

The prosecution blew this one by not exercising its discretion, by not treating rape like they do every other crime.

[Trust but Verify]

Yep. Estrich nailed it. Bad case.

[TrappedInLiberalHell]

I know I'll get flamed for this, but he never would have been prosecuted if he had just honored his marriage. If she had then tried to claim rape just because she visited his room and he said "No" (after all, false rape claims happen even when no sexual contact occurs whatsoever), even the most idiotic of prosecutors would never take the case.

This is not blaming the victim, if indeed Kobe is a victim. It's like saying to someone "If you hadn't parked your Ferrari in that bad neighborhood and left the door unlocked, it wouldn't have been stolen". Sure, stealing is a crime, but it's just dumb to leave an expensive car untended in a bad neighborhood.

People who behave themselves are less likely to have their reputations sullied. That's the bottom line. No, it's not fair to Kobe if his reputation is sullied because of consensual intercourse. But he ain't no saint. He fooled around, and as a celebrity he ought to know that there are gold-diggers out there just waiting for a chance to cash in.

All this is hypothetical, of course. There has been no trial yet, and all the evidence has not been made available to those who will decide his fate.

[StatesEnemy]

After Koke is acquitted, can he sue HER?

[KellyAdmirer]

Heck, why even have trials? Let's let Susan Estrich weigh the press reports and tell us all what really happened and whether a crime was committed.

[PBRSTREETGANG]

It certainly appears to be a bad case at this point.

She failed to mention that bad prosecutors (see Marcia Clark) sometimes become television and media personalities as the result of highly-publicized cases. That is another incentive that, unfortunately, can come into play.

[Hugin]

After Koke is acquitted, can he sue HER?

For what? She has nothing. Actually though, she could still sue him, even if he is aquitted. Just like O.J.

[Zevonismymuse]

He fooled around, and as a celebrity he ought to know that there are gold-diggers out there just waiting for a chance to cash in.

Flame you? Nope, I want to shake your hand. I agree with everything you said. Kobe got himself in this mess.

That said, I would like to reiterate, he does not deserve to be convicted of rape. Everything I have read about the case leaves lots of reasonable doubt, so if I were on the jury, Kobe would walk.

[backtothestreets]

This article on prosecutors is interesting. Who watches the prosecutors?

A few years back, the Police Chaplin of the Fresno, CA Police department killed the husband of a woman the chaplin was having an affair with. The trial showed justice at its worst.

The cop had premeditated the murder. He had stolen special ammunition from the department weeks earlier for the purpose. He had falsified the time card of another officier the day of the killing to cover his tracks. He handcuffed the husband before shooting him. Everything pointed to premeditated murder.

For some reason, the Fresno County DA, made this the weakest case in county history. The cop ended up being convicted of manslaughter. He got 20 years, and could be paroled in 7 years. He should have gotten the death sentence. He would have, had he not been a cop.

For the victim, there was no justice. He had no idea his wife was having an affair. For the wife, she had ended the affair some weeks earlier.

It's bad when an average citizen gets off the hook. It's worse when a person in a position of trust gets away.

[CaliGirlGodHelpMe]

I can't believe it - I'm finding myself agreeing with Susan Estrich! I guess she does have some lawyer-y smarts after all.

[BushCountry]

Kobe bends a stranger over and rapes or has very voilent sex (blood on his shirt) from behind and then forces her to kiss his bloody penis in an effort to humiliate her.

He doesn't use a condom and endangers (possibly passes a death sentence) his wife with the possibility of AIDS or at the least an STD, is a cheating lying jerk, then when he is done abusing/raping this girl he calls his wife on the phone and tells her how much he loves her. Yep, he comes out smelling like a rose.

[ivanhoe116]

Not to mention that he will be represented by the best attorneys money can buy, and that it will all play out under a glare of national publicity the likes of which none of you can even begin to imagine.

Let's not forget the O.J. factor.

[TheBattman]

Does that mean that someone who is not perfect (in fact may be a slut) cannot be raped?

I am not making any sort of judgement about this case, but I have made some observations - it was Kobe's attorney. that released info on the "victim". It is Kobe's attn. who is doing the name calling. It is Kobe's attorney who violated the rape shield law.

Furthermore, a judge has heard the preliminary evidence and cases and determined that there is, in fact, enough evidence of a crime to go forward with a trial.

Things going against Kobe - he lied to the police, he lied to his wife, he lied to his attorney, and he lied to the public by saying that he NEVER had any sort of contact with "that woman" - sounds like Clintoon, doesn't it. He later admitted having sex, though consentual, with the alleged "victim".

There have been worse cases won by prosecution before. There have also been seemingly easy cases lost by prosecutors before as well.

I say let's let the jury hear the case and make a decision. Lets also hope that the phrase "fair trial" doesn't mean that one side get's shut out of the process.

[Hugin]

The first guy she ran into, the night auditor, she said nothing to. She waited until the next day, and came to the police station wearing underwear with semen and pubic hair from another man. She'd slept with one, maybe two other men in the preceding 24 hours.

Reminds me of the call girl who didn't know she was raped until the check bounced.

[per loin]

Susan fell for the spoof. Neither the prosecutor nor the investigating cop in this case are real people. Both are cartoon characters out of South Park, as will be the judge and jury.

[over3Owithabrain]

'Estrich is professor of law and political science at the University of Southern California.'

Laker fan

[Porterville]

Where are all the Kobe haters??? Atticus Finch was right... Mary Badham??? Mary Badham??? Where are you Scout??? We need you to keep back the angry mobs at bay.... back mob back only a little girl can stop you from convicting an inocent man... back.. this is not the 30's anymore.... back, go back to the holes you crawled out of!!!

[PBRSTREETGANG]

Did she ask Kobe to move a chiffarobe?