Defense says it has 'compelling evidence' of Bryant's innocence

Dallas Morning News ^ | October 15, 2003 | Associated Press

[Recourse]

Defense says it has 'compelling evidence' of Bryant's innocence 11:04 AM CDT on Wednesday, October 15, 2003

Associated Press

EAGLE, Colo. - Kobe Bryant's attorneys dropped another bombshell Wednesday, saying they have "compelling evidence" that the NBA superstar is innocent of rape and accused prosecutors of ignoring it.

The defense said tests of underpants worn by the 19-year-old resort employee Bryant is charged with assaulting found "other substances" from a "source" other than the Los Angeles Lakers guard.

The details were released in a court filing as Eagle County Judge Frederick Gannett met with attorneys in the case to decide whether the rest of Bryant's preliminary hearing will be open to the public.

The hearing will determine whether Bryant, 25, will stand trial on a felony charge of sexual assault. He has said the sex with the Eagle woman was consensual.

In a sharply worded court filing Tuesday, prosecutors said defense attorney Pamela Mackey overstepped last week when she asked a witness whether the 19-year-old woman's injuries were "consistent with a person who had sex with three different men in three days."

That prompted Eagle County Judge Frederick Gannett to suspend the hearing, which will determine whether the basketball star will stand trial. The 25-year-old player is free on $25,000 bond and was expected at the hearing. If convicted, he faces up to life in prison.

Prosecutors also have asked the judge to close parts of Bryant's hearing, hoping to stop what they said was a deliberate attempt to smear the woman's reputation.

Bryant has said he had consensual sex on June 30 with the woman, an employee of a mountain resort in Edwards where Bryant was staying.

Also Tuesday, prosecutors said they had received medical records mistakenly released by the hospital where the woman was examined, and had shared them with Bryant's lawyers.

Prosecutors had subpoenaed the examination records from Valley View Hospital in Glenwood Springs. They not only received those, but were also given records from an earlier visit by the woman, prosecution spokeswoman Krista Flannigan said.

She declined to comment on the date or the nature of the earlier visit. "They were records they should not have given us," Flannigan said.

Hospital administrator Gary Brewer did not return calls Tuesday.

Flannigan said the hospital requested the records be returned and copies destroyed, and that prosecutors complied. She didn't know if defense attorneys also complied.

Mackey's voice mail said she would not return reporters' calls. The judge has issued a gag order prohibiting those involved in the case from commenting.

The judge had earlier thrown out subpoenas issued by Bryant's attorneys for the woman's medical records. He said the trial judge should determine whether those records should be turned over if the case goes to trial.

Friends of the woman have said she tried to commit suicide in February and again in May.

Before the preliminary hearing resumes, Gannett will meet with attorneys for both sides and an attorney for media organizations to discuss whether to close all or parts of it.

Bryant's attorneys have already asked Gannett to close the hearing to the public.

Prosecutors want discussions about the accuser's sexual history to be private if the judge determines it is relevant. Prosecutor Ingrid Bakke said Colorado's rape shield law bars the use of an alleged victim's sexual history in rape cases, with few exceptions.

Legal experts said Gannett might give Mackey a chance behind closed doors to provide information to back up her suggestion the accuser had other sexual partners before her June 30 encounter with Bryant.

Prosecutors said Mackey's question was a "deliberate and calculated" attempt to bring up testimony that was irrelevant at this stage.

"What was even more unexpected was her conscious misrepresentation of the evidence in order to smear the victim publicly," Bakke wrote. "The bell cannot be unrung. It will be difficult enough to overcome Ms. Mackey's misstatement of the facts."

In the first day of the hearing Oct. 9, sheriff's Detective Doug Winters described the alleged assault in graphic detail.

Winters testified the woman had agreed to Bryant's request to come to his room, and the two began kissing consensually before the incident spun out of her control. He said the woman told Bryant no at least twice before he began raping her against a chair.

[nuffsenuff]

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[Recourse]

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[<1/1,000,000th%]

The defense said tests of underpants worn by the 19-year-old resort employee Bryant is charged with assaulting found "other substances" from a "source" other than the Los Angeles Lakers guard.

Maybe the victim's DNA?

[nuffsenuff]

Good point. :-)

[Terry Mross]

I have a problem with this. A prosecutor has evidence that she had gone to the hospital earlier and doesn't want this information out? I guess the question is "How much earlier?" And is the evidence suggested she went a little earlier and there was someone else's body fluids there? I can't see how that info would not be relevant. It makes one wonder did the "vagina tears" happen earlier and this is why she went to the hospital?

[Bikers4Bush]

Nope, sperm other than Bryants.

[truthkeeper]

Nothing surprises me in these high-profile trials anymore. Remember the "melting ice cream" defense? Sheesh.

[OldFriend]

Proving nothing. This type of 'evidence' is constantly used to let rapists out of prison.

There are women who are not willing to admit they had been having sex with someone other than their boyfriend or spouse while the rapist had used a condom.

[quark]

Am no Kobe fan, but current rape shield laws are bogus. Prevents a defendant from receiving a fair trial. If Bryant's accuser is promiscuous, reasonable people would agree that is pertinent to the case.

[john316]

I guess he's gonna pull an OJ. He'll proclaim that he'll use his fortune to search for the real purp.

[sarasota]

I'm focused on the release of the medical documents after the hospital "mistakenly" released them. Huh?

[Lunatic Fringe]

Every time I read a Kobe Bryant story, I feel the need to go take a shower.

[Catspaw]

FOX NEWS ALERT!!!

Kobe walks into the courthouse!

FOX NEWS ALERT!!!

Kobe walks in a hall inside the courthouse!

FOX NEWS ALERT!!!

Kobe walks into the courtroom!

FOX NEWS ALERT!!!

Kobe walks out of the courtroom!

FOX NEWS ALERT!!!

Kobe walks in a hall inside the courthouse!

FOX NEWS ALERT!!!

Kobe walks into the courtroom!

FOX NEWS ALERT!!!

[PBRSTREETGANG]

What's the "compelling evidence" of Bryant's innocence?

[Lunatic Fringe]

What's the "compelling evidence" of Bryant's innocence?

It's come to this... PROVING innocence, rather than the prosecution being required to PROVE guilt.

[Always Right]

'The defense said tests of underpants worn by the 19-year-old resort employee Bryant is charged with assaulting found "other substances" from a "source" other than the Los Angeles Lakers guard.'

Oh no, they found poop. Her mother told her to change her underwear.

[Howlin]

prosecutors said they had received medical records mistakenly released by the hospital where the woman was examined, and had shared them with Bryant's lawyers

Good lord! What were they thinking????

[Howlin]

LOL........MSNBC has a split screen with FOUR, count 'em, FOUR different pictures.......LOL.