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Open records battle waged in court (Kobe)
Vail Daily ^ | July 17, 2003 | Randy Wyrick

Posted on 07/22/2003 10:51:12 PM PDT by grahm_crackers

July 17, 2003

Open records battle waged in court

Randy Wyrick

The towns of Eagle and Vail are shielding public information and they have no legal right to do it, an attorney for the Vail Daily said in a hearing Thursday before Judge Richard Hart.

Attorney Rohn Robbins argued that Eagle and Vail are shielding records that should remain public, under state law. The Vail Daily asked for dispatch records to the address of the woman accusing Los Angeles Laker guard Kobe Bryant of sexual assault.

Robbins asserted Eagle and Vail were overstepping their legal bounds by sealing the records, and that the records were administrative, not part of a criminal proceeding.

Town of Eagle Attorney Ed Sands argued that the records were part of the criminal investigation, and that releasing them would damage the investigation and the alleged victim.

As he was making his arguments, Sands presented a sealed envelope to Hart that he said contained three reports regarding two incidents.

"They're sealed because they have nothing to do with the investigation, but it would do irreparable harm if the documents were revealed," Sands told reporters after the hearing. "They are of a highly sensitive nature. You would understand if the documents were revealed."

That, countered Robbins, is not the law. He said the burden is on the custodian of the records, in this case Eagle and Vail, to explain why the public cannot have access to the records. He said the public should not need to explain why it should have access.

Sands said the Eagle Police Department was not attempting to cover anything up. He said acting Police Chief Gary Ward acted properly when he exercised his jurisdiction in not providing the records.

Sands said Bryant and his attorney will have access to the records in due process.

"Defense attorneys may get everything; the public and press might not," Sands told reporters.

In his closing, Robbins countered that freedom of speech and freedom of the press is not just a large issue, it is THE issue.

No decision was handed down by Judge Richard Hart. Attorneys have until Tuesday to file additional briefs, and until next Friday to answer those briefs.

Daily Managing Editor Don Rogers said the paper sought the records while tracking leads about the case that may or may not prove relevant.

He said the paper would not automatically rush to print the information if it were turned over. Instead the paper would evaluate the reports for their possible connection to the case and whether they fit coverage of the case, he said, as it does with all leads.

"I have a lot of respect for Eagle and Vail's government officials, and I understand their position," Rogers said. "But I don't think they should also serve as editors when the information we seek generally is readily available to the public and they've decided it has no relationship to the specific investigation."


TOPICS: Front Page News; News/Current Events
KEYWORDS:
This was discussed on Hannity today. A caller said these records pertain to 2 incidents where Kobe's accuser called police to report "incidents". The caller hinted she may have accused rape or sexual assualt aginst 2 other men. Thats why this reporter wants to get these dispatch logs. But seems the authorities are keeping them secret.

Did anyone else hear this on Hannity?

1 posted on 07/22/2003 10:51:12 PM PDT by grahm_crackers
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To: grahm_crackers
to paraphrase Shakespeare,

"much ado about... nobody."

I can't really bring myself to care about it. If the guy's a rapist, then let him rot in jail. If he's innocent of the charges, then he should be exhonerated. The fact that he's a sports-star, means absolutely Richard, as far as I'm concerned.

I couldn't care less.

2 posted on 07/22/2003 11:01:01 PM PDT by Capitalist Eric
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To: grahm_crackers
I heard it on Hannity. Thanks for posting the article, my first search didn't come up with it at the Vail newspaper's website.

So many stories are coming up about her, I can't wait to find out how many are true (especially if they show that Kobe's only an adulterer, not worse).

3 posted on 07/22/2003 11:20:07 PM PDT by Jessamine (Uday and Qusay are so disappointed about the whole 72 virgins thing...)
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To: Jessamine
-UPDATE-

July 22, 2003


Final briefs filed in records dispute




Randy Wyrick

Attorneys for both sides in an open records dispute in the Kobe Bryant case filed their final briefs Tuesday, preparing for Friday's rebuttal and possible decision.

Colorado Mountain News Media and the Vail Daily took legal action to force the Eagle Police Department and the town of Vail to open some public records that might be related to the high-profile sexual assault case. The request asks for dispatch reports to alleged victim's address.

"It is absolutely the public's right to know," said Robbins. "There are constitutional issues at stake here."

"If the court carefully considers the law, it will find in favor of the First Amendment."

The open records request stems from allegations of sexual assault leveled against Los Angeles Lakers guard Kobe Bryant by a 19-year-old Eagle woman. Bryant was charged last Friday with one count of felony sexual assault. If convicted, he faces sentences ranging from 20 years probation to life in prison.

Robbins said that under the Criminal Justice Records Act, dispatch records should be available to the public.

But acting Eagle Police Chief Gary Ward refused to make the records available after verbal and written requests for records that normally are made public. The Daily asked for dispatch records covering the past 12 months.

The district attorney is expected to jump into the debate this week, siding with the Eagle Police Department and the town of Vail to keep the dispatch records sealed.

Robbins said the Daily seeks are not the same as records sealed by a judge as part of the criminal investigation.

He said the Daily has also joined a petition by other media outlets to unseal the criminal investigation file.

Of the two open records petitions, Robbins said he thinks the chances of a judge opening the dispatch records are good. He said the chances of the criminal investigation file being opened are poorer.


4 posted on 07/23/2003 3:54:12 PM PDT by grahm_crackers
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To: Jessamine
Hannity said today that his sources say this girl "may" have alleged rape or sexual assualt twice in the past. Thats why we need to see these police dispatch logs. It's also reported that the LA Times may be involved in this as well with the Vail Daily.
5 posted on 07/23/2003 3:57:07 PM PDT by grahm_crackers
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To: grahm_crackers
This was discussed on Hannity today. A caller said these records pertain to 2 incidents where Kobe's accuser called police to report "incidents". The caller hinted she may have accused rape or sexual assualt aginst 2 other men. Thats why this reporter wants to get these dispatch logs. But seems the authorities are keeping them secret.

Did anyone else hear this on Hannity?

If this is true, it's pretty clear the authorities are trying to bring down a basically good (if flawed) man because he's a big target. They want fame (just like the girl). They're using the girl, even though they know she's not credible. This is despicable.

But remember, women NEVER lie about rape. Unless they're accusing Bill Clinton. </sarcasm>

6 posted on 07/23/2003 4:01:49 PM PDT by xm177e2 (Stalinists, Maoists, Ba'athists, Pacifists: Why are they always on the same side?)
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