Kobe Bryant prosecutors appeal judge's decision on quizzing of victim

Yahoo ^ | 03/10/2004 | AFP

[Therapist]

DENVER, United States (AFP) - Prosecutors in NBA star Kobe Bryant's rape case filed an unusual appeal against a judge's refusal to limit questions about his alleged victim's sexual history during pre-trial hearings.

Prosecutors appealed to the Colorado Supreme Court to spare Kobe Bryant's accuser from a potentially embarrassing and stressful grilling by his lawyers at an upcoming hearing in the basketball star's sexual assault case.

Eagle County District Attorney Mark Hurlbert on Tuesday announced he had filed the appeal challenges judge Terry Ruckriegle's decision last week not to limit questioning of the 19-year-old woman Bryant allegedly assaulted June 30 at the posh Lodge and Spa at Cordillera, in Edwards, Colorado.

Although all questioning of witnesses on this issue is taking place behind closed doors, Hurlbert wrote, "the victim should not be subjected to such irrelevant, embarrassing and humiliating questions."

Ruckriegle, who will preside over Bryant's as-yet unscheduled trial, rejected on March 1 a prosecution motion which sought to restrict defense lawyers in their ability to question the alleged victim at a hearing later this month to determine whether any of her sexual conduct before or after her encounter with Bryant can be admitted into evidence at his trial.

The judge had also rebuffed Hurlbert's immediate request to reconsider that ruling.

The young woman's sexual activity outside of her meeting with Bryant is relevant to the case for a number of reasons, according his legal team.

One is that she suffered vaginal injuries that prosecutors claim were caused through forced penetration by Bryant, while defense lawyers claim they are the result of the woman having multiple consensual partners in a 72-hour period around the time she met the athlete.

Byrant has admitted committing adultery with the alleged victim. But he contends the sexual contact between them was consensual and denies the rape charge that could see him jailed for life.

In the appeal filed Tuesday, Hurlbert said that already, defense lawyers have been asking other witnesses about the woman's sexual activity covering a period of more than one year.

"Basically, the defense argument as to questioning the victim and her alleged partners about many of the alleged incidents amounts to nothing more than she has said 'yes' to others, therefore it is more likely she said 'yes' to (the) defendant," Hurlbert wrote.

"This is precisely the type of evil which the (Colorado rape shield) statute was enacted to eradicate."

The Colorado Supreme Court will announce whether it will consider Hurlbert's appeal either Thursday, or on March 18.

Bryant's next pretrial hearing, at which Ruckrigle expects to continue hearing from witnesses on the issue of the alleged victim's sexual history, and its relevance at trial, is scheduled for March 24 and 25.

[Bikers4Bush]

The prosecution knows that the case hinges on her sexual exploits prior to and after Bryant. If they are introduced in court their case is finished and they'll have to drop it.

Regardless, they're done in my opinion.

[Walkingfeather]

IF true, I would agree. It speaks to the witness's state of mind.

[DOGEY]

Were you at the party?

[robertpaulsen]

"Her sex activities right before and after the Kobe incident are pertinent to her perceived "injuries"."

I agree. In all rape cases. But are you suggesting that her injuries were due to "size"? If so, then her other sexual partners will need to be checked out, yes?

Nah, in this case, size is irrelevant. I believe the injuries were caused by forced entry. Besides, if she were as promiscuous as the defense wants us to believe, well, let's just say that reminds me of a joke where the punch line is, "Help me find my keys and we'll drive out!"

[Therapist]

I meant that her remarks and bragging about length or girth of the Kobe O'Toole at a party doesn't sound much like a rape victim. Stories about the party were published last summer in the tabloids.

[jimt]

In all fairness here, between her cum encrusted panties and body swabs containing semen, this is one voracious lady. Her sex activities right before and after the Kobe incident are pertinent to her perceived "injuries". I put that in quotes due to the accusers bragging about the size of Kobe's wanker at a party.

And if I remember correctly, her actual "injuries" and "tears" were microscopic.

I think this gal's claims are extremely dubious.

[tessalu]

The girl is a hoe, and Kobe is nuts.
Next case.

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

Wow! Post and be removed.

[cyncooper]

I'll wait for testimony of the party to make the kind of conclusion you feel free to reach, the rapist.

[cyncooper]

Thanks for cutting and pasting the comment that has been deleted.

The rapist seems unaware that we don't know whose DNA the body swabs found, so his conclusion is premature. They most likely are Bryant's, even though he didn't "finish".

And jimt, your memory is incorrect, the tears and lacerations were visible and she was bleeding. No, I am not saying I have concluded she was raped, but Bryant did have her blood on his shirt, and I do not think it is normal to bleed during the act if it is consensual.

[robertpaulsen]

"doesn't sound much like a rape victim."

Well, if the tabloid stories are true, then you're right. It doesn't sound much like a victim who was truly raped.

Was she truly raped? Or was she "technically" raped?

Given the broad definition of "rape" nowadays, I can see a "victim" discussing the details with friends. Without going into details, I can envision a scenario where she could have agreed to sex one way and not another. Kobe starts one way then attempts the other and it's technically rape.

Moral: Don't have voluntary sex with people you don't know. And that applies to both her and Kobe.