Posted on 03/11/2004 1:41:10 PM PST by A_Niceguy_in_CA
Colorado Supreme Court Denies Kobe Bryant Accuser Protection From CO Rape Shield Law
The Colorado Supreme Court today denied a petition (citing Colorado's rape shield law) for relief of the accuser to testify in hearings scheduled March 24 and 25 in Eagle, Colorado in the Kobe Bryant rape case.
The courts ruling (en Banc) denied a prosecution request to limit questioning the women about her sexual history to a 72-hour timeframe in days surrounding the accused rape. The ruling will allow the Bryant defense team to ask questions about the accusers lifetime of sexual activity.
The Petititon: http://www.courts.state.co.us/exec/media/eagle/03-04/sc_car21_relief.pdf
The Denial of the Petition: http://www.courts.state.co.us/exec/media/eagle/03-04/order_supct2.pdf
This nutcase broad should be brought up on charges of false accusation.
So9
Over the August long weekend, Dawson was with friends at Outlaws Niteclub when a woman he never met asked if her friends could take a picture of them. Those photos -- taken after the alleged rape -- shows Bryant's accuser dancing, kissing and being licked by Dawson -- and landed Dawson on the front of the Globe.Lucky man for rejecting this woman's advances."She was the only girl in the bar acting that way -- you usually don't have girls going up to you like that," said Dawson, who maintains the young woman was the instigator of the encounter.
"I just went home, but she wanted to do something afterwards, a party or something," said Dawson.
He hasn't seen Bryant's accuser since that night and doesn't want to. "No, I don't want to talk to her again," he said.
The court DENIED the 72-hour limit. The defense, according to court documents, plans to ask testimony from the accuser on the girls sexual activity over a two-year period.
And the penalty for False Accusation should be precisely the punishment the falsely-accused would have faced. That would stop it in its tracks right there, Billy Bob.
Michael
Sounds a lot like the NJ Supreme Court, er Sopranos in the Toricelli Lautenberg matter.
By all accounts, there will be many witnesses the defense can now call, and the denial of the 72-hour time window means that the defense can bring in any saxual activity that occured around the times of her hospitalization - and that can be used to perhaps establish a pattern of behavior.
I really doubt that the stubborn prosecutor will back down and drop the charges, but he ought to. It now looks to be a very long - expansive and expensive - trial. Someone is going to look very bad at the end of any trial, and from the way things are stacking up, it ain't going to be Kobe. His career and marriage, stained as they are, will go on. If the prosecutor presses on and loses, HIS career will be over.
Michael
If the defense can go further than 72 hours in any time direction, then Mackey will likely win this case.
I thought that Bryant's accuser had enough sexual encounters with other men in that short period of time to create reasonable doubt. Obviously, Mackey won big today.
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