Convicting Kobe won't be easy

Yahoo ^ | July 23, 2003 | Larry Beil

[Snerfling]

The next few months promise to be a tabloid treasure for cable news networks and magazines that feed off the sensational. Kobe Bryant and his accuser will be front-page news until the case ends. While it plays out, you'll hear evidence leaks from both sides, character assassination and an endless stream of alleged "experts" who know nothing about the real facts but get paid to pontificate. So, they'll dissect every shred of every rumor thrown out there. It will not be pretty.

The charges were less than 48 hours old when the first news came out claiming the victim recently overdosed, calling her mental capacity into question. This is just the beginning. Normally, stars in messes like this go deep into hibernation, but Bryant made a rather surprising move when he appeared at a news conference last Friday to proclaim his innocence. Maybe he believes his best defense is a good offense.

Much to my surprise, I hear a lot of people who saw Bryant in that news conference, noticeably distraught, painfully apologizing to his wife, insisting he's innocent and they believe him. Maybe it is his once-squeaky clean image, his fame, his fortune or our general distrust of the law in our post-O.J. society, but there seems to be a tangible "oh, there's no way Kobe would do that" sentiment out there.

At this point, there is more that we don't know about what happened in that hotel room than what we do know. But we do know that when you're dealing with high-profile cases and super-rich defendants, you get as much justice as you can afford. And Bryant can afford plenty. The Lakers star can be expected to put together the legal "Dream Team 2" in what figures to be a huge mismatch against whatever group Eagle County can produce.

Given this scenario, I've probed five prominent attorneys and asked the following: With the limited information we have about this case, do you see Kobe Bryant spending even one day in jail? The results were unanimous: 5-0 No.

All expressed the same concern, that the prosecutor must have some compelling piece of physical evidence that makes him believe he can win, but in a "he said/she said" case, the attorneys all felt it would be hard to imagine Bryant losing.

In a twist only an attorney could come up with, one suggested that if Bryant had any other "companions" and they came forward, it could actually help his case; the theory being that it demonstrates he did not previously force himself on anybody. The huge downside is that Bryant's wholesome image would be completely obliterated.

Also unanimous was the feeling that this case could easily be headed for an out-of-court settlement. In other words, Bryant writes a big check and the victim drops the charges. From the victim's standpoint, there may not be enough dollars to make the anguish go away. But given what the next few months will bring, the anguish is only just beginning.

[Snerfling]

Read 'em an weep, A+Bert.

[annyokie]

A+Bert was a Kobe fan?

[Snerfling]

A+Bert is a

[sinkspur]

If KB's innocent, why would he write a check?

That's extortion.

[BushCountry]

Actually, I think that the prosecution has a battered women who show signs three weeks later (the orginal pictures might be something), a button that was torn off her clothes in the room, signs of forcible rape from the rape kit, witness testimony, etc... It might not be that hard, but we don't know what or if their is any slam dunk testimony since the records are sealed.

I like this lastest piece of the star freepers work.

[BushCountry]

[Snerfling]

At this rate, he'll be reduced to cruising these types of joints:

[dwd1]

If rumors got around that Kobe is offering her money, that will really hurt her case. In his behavior to this point, there is nothing he has done that gives a clear indication of guilt. Trying to but the girl off would be disastrous...

[annyokie]

Yes, I know. Thanks!

[alloysteel]

Totally puzzled. Why do we want to convict Kobe? He may have exercised some bad judgment, but does that deserve an extended prison term? The young man will have a rough and bumpy stretch that may last a number of years, but so far as can be determined, the parties involved are all still breathing and able to move about under their own volition.

There are still a lot of charges and countercharges out there, and I do not mean to sort them out. That is for prosecuting and defense attorneys, and the audience they must convince is the judge in the case and whatever panel of jurors may be selected. But trying the case before it ever comes before the duly chosen arbitrators, is a little premature.

[dwd1]

Except for the Colt 45 (which neither I nor any of my friends have ever consumed), seems to be pretty accurate...Like so many before him, any pleasure he may have received has cost way more than he could have in his wildest imaginged...

[Jaded]

Hasn't stopped other people.

[sinkspur]

You mean it would hurt HIS case.

It would make him look guilty.

OTOH, if word floats out that she would settle for money, then she looks like the grubber.

[dwd1]

Some will want to convict him because he is blessed with so much and yet, is willing to risk it all for a moment's pleasure. Some will want to convict because of the adultery. Some will want to convict because of the interracial issue. But I think to truly want to convict him, I have to see injuries to this young lady on her throat, face, something that could not be explained away with "She was out of control and I was defending myself". The violence toward a smaller, more vulnerable person, just to attain sexual (or other) gratification...If that is proven, he needs to be locked up. If it can not be proven, call it a day and let's get back to more important things...

[Pan_Yans Wife]

How can Bryant avoid a criminal conviction, by paying off the victim? Wouldn't that make him look more guilty? And, would the prosecution drop the charges?

[dwd1]

I apologize because I did mean to say "his" case...I would construe that as "Acting Guilty". This was what was said about Michael Jackson all those years ago... He was not guilty but he was certainly acting guilty...

[dwd1]

It would be hard to prosecute without a coooperative witness but in the court of public opinion, Kobe would be a pariah...He has the edge because of his skill and his previous public image....He would be treated worse than Jason Kidd or Mike Tyson because he has given every indication that he knows better...

That is why that interview he gave with an LA TV station where he stated "You know I wouldn't do something like that" would bite him because he would have to eat those words over and over...That would be the equivalent of Bill Clinton's declaration about Monica Lewinsky....

[sinkspur]

And, would the prosecution drop the charges?

If she refuses to testify, the prosecutor would have to drop his case.

[dwd1]

Of course, if she were to recant or be uncooperative, she would run the risk of being prosecuted for filing the false report or contempt for refusing to testify...Doubt if they would go all the way with it but I am sure that they would threaten her with it...From what I have heard, the young lady is not blinking...

[Fpimentel]

With Kobe dressing up his wife with that 8 million dollar ring, do you think his accuser is getting jealous?