Posted on 08/04/2004 10:56:48 AM PDT by GAGOPSWEEPTOVICTORY
According to Harvey Levin ("Celebrity Justice") from sources connected with both sides in Eagle, Colorado:
1) Kobe accepts a plea bargain for a non-sex crime misdemeanor such as Third-Degree assault. (misdemeanor, Kobe might get probation, wouldn't have to register as sex offender).
2) Kobe settles the civil case. Pays a financial settlement. Gives letter of apology saying, "that even though Kobe Bryant belived that he was doing nothing wrong, that she felt she had been assaulted in the hotel room, and for that he was sorry."
No plea deals struck, but parties talking about it.
Thanks. I'm asking for it over there, too.
Do not post to me.
It's all Bush's fault.
Most of us are discussing whether or not Kobe will take a deal.
Lost in all of the high velocity posts is the libel/malice point.
I remember from my one law class that malice was so hard to prove (sorta like indicting a ham sandwich) that one never hears public figures counterattack.
Point being that it effectively takes away an option for kobe to counterattack.
After all, it should be clear to you now that kobe is NOT a sympathetic figure...
Not really up to snuff on this case, but heard on Fox that today the woman is talking to prosecutors and may possibly drop criminal charges and file a civil suit, which, according to Fox, would open up Kobe's personal life as much as her's has been....
No, I was just kidding.
I'll let someone else handle the explanation though, since some around here would probably tag me as too biased.
For what it's worth: The Colorado registration statute...
(b) A person shall be deemed to have been convicted of unlawful sexual behavior if he or she is convicted of one or more of the offenses specified in section 16-22-102 (9), or of attempt, solicitation, or conspiracy to commit one or more of the offenses specified in said section.
(c) (I) For convictions entered on or after July 1, 2002, a person shall be deemed to be convicted of an offense, the underlying factual basis of which involves unlawful sexual behavior, if:
(A) The person is convicted of an offense that requires proof of unlawful sexual behavior as an element of the offense; or
(B) The person is convicted of an offense and is eligible for and receives an enhanced sentence based on a circumstance that requires proof of unlawful sexual behavior; or
(C) The person was originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of this subparagraph (I), the person pleads guilty to an offense that does not constitute unlawful sexual behavior, and, as part of the plea agreement, the person admits, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense to which he or she is pleading guilty involves unlawful sexual behavior; or
(D) The person was charged with and convicted of an offense that does not constitute unlawful sexual behavior and the person admits on the record, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense involved unlawful sexual behavior.
(II) If a person is originally charged with unlawful sexual behavior or with an offense that meets the description in sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (c), the court may accept a plea agreement to an offense that does not constitute unlawful sexual behavior only if:
(A) The district attorney stipulates that the underlying factual basis of the offense to which the person is pleading guilty does not involve unlawful sexual behavior; or
(B) The person admits, after advisement as provided in subparagraph (III) of this paragraph (c), that the underlying factual basis of the offense to which he or she is pleading guilty involves unlawful sexual behavior.
(III) The advisement provided for purposes of this paragraph (c), in addition to meeting the requirements of the Colorado rules of criminal procedure, shall advise the person that admitting that the underlying factual basis of the offense to which the person is pleading or of which the person is convicted involves unlawful sexual behavior will have the collateral result of making the person subject to the requirements of this article. Notwithstanding any provision of this paragraph (c) to the contrary, failure to advise a person pursuant to the provisions of this subparagraph (III) shall not constitute a defense to the offense of failure to register as a sex offender if there is evidence that the defendant had actual notice of the duty to register.
Perhaps you think the juvenile "do not post to me" fools readers, but think again, even though I suspect that won't help in your case.
I believe that she is more accurately referred to as the accuser. Victimhood hasn't been proven.
that law stinks if I understand it correctly. It all boils down to if one was ever charged with a serious crime, they must register.
I cannot imagine what Lin Wood is thinking; if there was anything bad on Kobe, we'd have heard it by now -- and I don't mean groping.
But what a civil lawsuit will do is open up her entire life.
I'm sure Pamela Mackey would love to find herself in a deposition with this girl without having to ask a judge what she can and cannot ask her.
As I said before, the first exhibit in this civil case would be this girl's birth certificate -- and Mackey would move on from there. Everything in her life would be fair game: the suicides, the drugs, the sex; everything.
And it would be all open to the public.
What can they be thinking? As vulnerable as this girl apparently is, they are going to drive her completely insane.
And you accuse others of "resorting to insulting comments?" Please...
Looks like (C) covers it, right?
... Civil damages is all the accuser and her mother were after in the first place.
If I were Kobe's lawyer in the civil suit, I'd tell the jury that my client already paid this hotel hooker the $300 she quoted for the service, and therefore she's not entitled to another red cent.
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