Posted on 10/07/2004 3:49:23 AM PDT by Hawk44
Accuser must use her real name in lawsuit, judge rules
A federal judge ruled Wednesday that the woman who accused Kobe Bryant of rape must use her real name in the lawsuit she filed against him.
U.S. District Judge Richard Matsch ordered her lawsuit, now titled "Jane Doe vs. Kobe Bryant," to be retitled on Oct. 20. He did not explain the delay in retitling.
Bryant had filed a motion opposing the woman's effort to remain anonymous, as had the Rocky Mountain News.
"Public confidence in the results of court proceedings require that they be open to observation," Matsch said in a written order made public Wednesday afternoon.
The woman's attorney, Lin Wood, said he was not surprised by Matsch's ruling.
"Certainly our obligation to this young girl was to exercise our best efforts to protect her identity," Wood said.
"Candidly, I always felt that once the criminal case was dismissed the likelihood of the court requiring that she proceed by name was great," he added.
Wood said his client would not be deterred by being named publicly.
"She absolutely has the courage to go forward against Kobe Bryant with her name on the complaint," he said.
Bryant's lawyers argued, among other things, that letting the woman remain anonymous while Bryant's name is public could be perceived as favoritism on the court's part.
"The defendant's concern that the requested protection of the identity of the plaintiff may be construed as a prejudgment of the issues in favor of the plaintiff is justified," Matsch wrote.
"The parties appear as equals before the court and that fundamental principle must be protected throughout these proceedings," he said.
Bryant's chief lawyer, Pamela Mackey, could not be reached for comment Wednesday.
The Rocky Mountain News, in its motion, contended that the legal process should remain as open to the public as possible.
"We're just pleased that the judge upheld the important principle of openness in public courts," News Editor John Temple said.
Despite Matsch's ruling, the newspaper has decided not to print her name for now, he said.
The woman's name is available on the Internet and has appeared in some publications, although mainstream news organizations have not published it.
"Under these circumstances, the granting of the motion (to remain anonymous) will have little practical effect and is outweighed by the public interest in open court proceedings," Matsch wrote.
The woman has accused the Los Angeles Lakers basketball star of raping her in the summer of 2003 at an Eagle County resort hotel where she worked and he was a guest.
Bryant, who is married, has admitted having sex with the woman but insisted it was consensual.
State criminal charges were filed against Bryant in Eagle County, but dismissed last month during jury selection when the accuser said she would not proceed as a witness.
But Wood said Wednesday she had been on the verge of publicly disclosing her name even before Matsch ruled.
He said she probably will issue a statement in the next day or two.
I'm not a big Kobe Bryant fan but I'll tell you I really think this civil suit against him doesn't have a leg to stand on. If this girl was raped as she contends, what was she doing having sex later with someone else? Everything you read about rape victims would indicate that she'd probably do the opposite. This gal must be one in a million (dollars that is).
Hopefully Bryant will fight this and not just pay her. If it was about money, she should have made that clear in advance.
I went to a meeting yesterday and the speaker was from the local Crime Victims Center. She spoke on rape, specifically date rape. At times, her voiced cracked so much, I thought she was going to break down. Rape is devastating, but most of us normal people know that.
Prior to the allegations being made public, I didn't know who Kobe Bryant was, and was [am] completely unbiased. If he did rape her, he got off easy. If he didn't rape her, she got off easy. Her credibility was nil since she showed no emotional trauma and it didn't seem to affect her sex life. If he 'tore' her, as she claimed, I doubt she could resume sex without a lot of pain. I could care less how this comes out since both were in the wrong to begin with.
Some definitions of devious, with help from Webster's dictionary: Deviating (straying) from a right, accepted, or common course ... not straightforward ... cunning... deceptive
Sure sums up Bryant's behavior in his marriage and in his police interview. I guess one devious person deserves another, LOL!
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