Kobe's Accuser OD'd Two Months Before Alleged Assault

http://espn.go.com/nba/news/2003/0720/1583145.html?partnersite=espn ^ | 7/20/2003 | ESPN.com news services

[Smogger]

The Colorado woman who has accused Kobe Bryant of sexual assault overdosed on pills and was rushed to a hospital two months before the alleged incident with Bryant, one of her close friends told the Orange County Register.

Based on the 19-year-old woman's accusation, Bryant was officially charged with a single count of felony sexual assault Friday. If convicted, he faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000. Bryant is scheduled to return to Eagle, Colo., for a preliminary hearing on Aug. 6.

Bryant, 24, said Friday that he was guilty only of committing adultery.

In cases of this nature, the credibility of the accuser -- whose identity is not being revealed -- often becomes an issue. The accuser's friends have been keeping her overdose a secret -- until now, the Register reported.

"I think it was just a cry for help," 18-year-old Lindsey McKinney told the newspaper. McKinney had been living at the accuser's house in May, when the woman allegedly took the pills.

When she learned from the woman's ex-boyfriend that the woman had "overdosed," McKinney rushed to her home and found the woman incoherent, lethargic and seemingly drunk, according to the Register.

"I was scared. She wasn't really talking at all," McKinney told the newspaper. "I was like, 'you need to open your eyes.' "

Some friends of the accuser said they believed the overdose was an accident. Not McKinney.

"I don't think it was accidental. I was there," she told the Register.

Tyson Ivie, a former classmate of the accuser's, told the newspaper that the overdose was "a big secret" that friends have been unwilling to talk about until now.

The police dispatch call from the night of the alleged assault is currently sealed from the public by investigators. The woman's father declined comment for the Register's story.

According to the newspaper's report, Bryant's accuser was going through an extremely difficult period in her life at the time of the overdose. She returned home from her freshman year of college to find out her ex-boyfriend had taken up with another woman. Also, around the time of the overdose, close friend Nicole Clements died in a road accident while returning from high school graduation ceremonies.

"It was kind of boom, boom, boom," McKinney told the Register. "I think the things that happened to her in the past had a lot to do with what [she said happened the night of the alleged assault]."

"I know she had been going through a lot, but I know that she wouldn't lie," 19-year-old Eagle resident Ashley Scriver told the newspaper. Scriver also knew about the the overdose.

The Register quoted legal experts as saying the news of the overdose will be a major advantage for Bryant's defense team.

"This is powerful evidence and the answer to the defense's prayers," Robert Pugsley, a criminal law professor at Southwestern University School of Law in Los Angeles, said. Pugsley added that this kind of evidence, if exploited by the defense, could be enough to shut down the case before it reaches trial.

"[Defense attorneys are] looking for a way to demonstrate that this woman is hysterical and over-reactive," Pugsley said. "This is literally dynamite evidence, a bonanza for the defense and a landmine for prosecution."

Bryant's attorneys could not be reached for comment Saturday by the Register.

[John Beresford Tipton]

The only way it could come in as evidence is a proffer that repeated drug use affected her ability to accurately perceive facts and testify to them. I don't think it can come in.

[Magic Fingers]

"What other little "secrets" are we going find out about the (according to her friends) "squeaky-clean" hometown girl?"

To the extent little "secrets" that the defense can uncover or imply are allowed to be introduced - if the balance of the evidence supports to the jury's satisfaction that a crime occurred, little "secrets" will be irrelevant (ask Mike Tyson). And little "secrets" can be spun both ways (e.g., recent suicide attempt = vulnerable teenager vs. married adult, etc.).

Cedric - read some trial transcripts and you may not be so confident of the outcome. Just when you think you've got it down...

[MizSterious]

If that's true about the groupie accusation, you're right. That does look bad.

[Cedric]

Kobe's defense team seems like an outstading one, so I think they'll handle it deftly. But it will be devastating to the presecution!

[vbmoneyspender]

Thanks for the response.

[Cedric]

This pathetic young woman seems to be a one-person sluts & nuts defense!

[LWalk18]

Now the 2 players might want to protect Kobe, a friend- proof would be needed. Also if they are implying that she had sex with other NBA players that probably can't come in under Colorado's rape shield statute. (Sexual history of the alleged victim is inadmissible).

[Smogger]

Cedric - read some trial transcripts and you may not be so confident of the outcome. Just when you think you've got it down...

Your dead wrong about the mental state of the accuser. If she is going to testify and the defense is going to attempt to impeach her testimony then this is exactly was called for. Bottom line. Attempting suicide is an over-reaction of the most extreme variety. If you don't aknowledge that extreme-overreaction is in this girls VERY RECENT history then you have already made up you mind that he is guilty without the evidence and further converstation with you is pointless.

[VOA]

A good lawyer will throw this right back in the face of a defense attorney.

But that good lawyer (the DA or assistant DA who tries the case) had better do
a heck of a job on voir dire of any males seated on the jury.

There is a not-insignnificant chance there will be at least one male juror who
has had a girlfriend (or a buddy's girlfriend) that's done one of these "cry for help"
suicide attempts.
Unfair as it seems, whether said juror hears about the complainant's attempted suicide
attempt in the media or in court, he might have just enough doubt about
how the complainant deals with the world.
And if the physical evidence isn't overwhelmingly convincing, that doubt
might be enough to get one juror to hang the jury.

[Helms]

Newsweek...

Sorry but I have found their coverage of THE WAR WE ARE CURRENTLY WAGING AND FORGETTING..to be enough incentive to reserve judgment and not to get into a tussle with you and other acquaintances on this forum. Two, months prior is not close enough.

I really believe her parents might have refrained from this claim had it not been credible. We do not even know enough about the so called attempt.

[Cedric]

In retrospect, given the PC age in which we live, there was never a doubt charges would be brought. But if the DA knew about the victim's past {I bet he did} and filed felony charges anyway, he deserves to have his head handed to him.

I wonder if the State will cut it's losses and have this mess thrown-out at the Preliminary?

[BossLady]

'wasn't able to handle it very well.'

That's the way I am seeing this. She may very well be conceived as vulnerable. Even if other parties did not know her past, her state of mind will be a key element in the trial.

I just hope both parties get their say...

[MizSterious]

Just an observation, but it also appears you have your mind made up as well. I think the "groupie" accusation is far more damaging, however, than the suicide attempt. If the defense can bring it in, and there's no guarantee that they can, I think that will make more points with the jury than the suicide attempt.

[alisasny]

Regarding the rape accusation? How is it an overreaction to report you had been raped?

[Smogger]

Just an observation, but it also appears you have your mind made up as well.

I give Kobe Bryant the presumption of innocense. I don't see him hiding behind rape shield laws hurling accusations from afar. He said his piece on national TV.

[Magic Fingers]

"If you don't aknowledge that extreme-overreaction is in this girls VERY RECENT history then you have already made up you mind that he is guilty without the evidence and further converstation with you is pointless."

I already acknowledged in a previous post that IF she attempted suicide, it was an extreme overreaction. Whether that makes it impossible for her to be the victim of a crime is a completely different issue.

I have NOT made up my mind that he is guilty (certainly no more than you've made up your mind that he's not). What "very recent" history means, and the admissibility of that information, will be determined by the judge and the law (see post #27).

As far as further "converstation" with me being pointless, I couldn't agree more.

[Diago]

This thing will be over shortly, unless there is some very compelling physical evidence.

Also, if we are not going to name the accuser, we should not name the accused - unless and until he has been proven guilty.

[Smogger]

Regarding the rape accusation? How is it an overreaction to report you had been raped?

If you weren't raped it sure as hell is an over-reaction, though amazingly enough, probably LESS of an over-reaction then trying to KILL YOURSELF BECAUSE YOUR BOYFRIEND DUMPED YOU!

But hey at least making a false accusations at least PUNISHES MEN rather then PUNISHING YOURSELF like suicide.

[Cedric]

Agreed Agreed.

[Highest Authority]

It doesn't matter if he's guilty or not, he's a highly paid sports figure and he will walk!