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.
Accuracy is not geographical.
(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
Seems to me the DA could go in there and claim that hte underlying factual basis of the simple assault offense was not unlawful sexual behavior, but was something else -- he merely stuck her with force and it had nothing to do with sex or something.
If the shoe fits...
I see a "Laciette" has arrived to save the day.
I heard on the radio that the girl was advised to take the case to civil court where she can bring up all Bryant's past sex history, the way he did hers. The indication was that it would not be a good thing for Bryant.
Colorado has some of the most draconian rape laws I have ever seen.
I saw this show on A&E about it; even if Kobe had gotten probation agreed to by the DA, he would have had to have undergone a penile plethysmograph test where they took him into a room and put him in a chair like a dentist chair and hook him up to this device like a lie detector, only it's on his penis.
Then they would show him movies of people having sex, women have sex, all the while listening to women talking about being raped; if he so much as got a hard on, the judge could revoke his probation and send him immediately to jail, regardless of what the DA had agreed to.
Now just imagine a guy his age NOT getting one!
He can bring up all hers, too, if she does that.
And it wouldn't be 72 hours worth of it; it would be 20 years of it.
Plus the suicides and drug problems and mental health problems.
Yep it is hard to libel a public person. This goes back to some anti-civil rights for African-Americans suing the NAACP in the 1960s. The NAACP made some errors in a ad in the NY Times about some Southern office holders. They sued the NAACP for libel hoping to break the organization. The US Supreme Court came up with this public person exception for that case.
Question to Legal Experts:
Is groping considered assault and battery?
In B-law we were told that assault was threatening someone with violence and battery was when you actually did it. Unwanted groping seems to fit that definition. Not sure if it varies from state to state but that was what we learned in TX.
The same DA who has been hiding the evidence of at least a second guy since last October?
Somehow I doubt it.
Yeah, I was hoping for the same thing, but howlin makes a good point that that may not wash.
They could convict kobe of running a lemonade stand on a sunny day and it would not matter if he has to register....
That's close. Actually, if one is charged and the DA agrees the facts don't constitute a sex crime, then registration is not required.
A plea here is going to involve some heavy tap-dancing being done by all. Or maybe this'll go the dismissal route.
It would probably be considered sexual battery (depending on the state,) which is more serious than simple battery.
Some states swap the terms assault and battery, so in some states, the unwanted groping would be considered sexual assault.
Most of hers is known, but if Kobe Bryant has a history of rough, forcing anal sex on partners against their will, it will make her case.
Evidently it is by some. I'm expecting the birth rate to drop off soon........LOL.
I agree, but maybe she's still hoping for some sort of confidential nuisance settlement prior to it going to far.
There you go talking about me again.
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