Prosecutors say Kobe lied to authorities

Phildaelphia Inquirer ^ | July 31, 2003 | GEORGE MERRITT & CHRIS FRATES

[Recourse]

Posted on Thu, Jul. 31, 2003

Prosecutors say Kobe lied to authorities

Report: D.A.'s case will focus on injuries, 'inconsistencies' in statements

By GEORGE MERRITT & CHRIS FRATES Denver Post

EAGLE, Colo. - Prosecutors will argue that basketball star Kobe Bryant and his 19-year-old accuser had some consensual sexual contact, but the intercourse was not consensual, unnamed sources have told ABC News.

Sources also told ABC the prosecution will argue Bryant "deceived law-enforcement officials and that he gave inconsistent statements."

District Attorney Mark Hurlbert deferred questions to a spokeswoman, who would not comment on the report.

Hurlbert, however, has said there was "alleged sexual penetration or intrusion" and that Bryant caused "submission of the victim through actual physical force."

Hurlbert charged Bryant July 18 with one count of felony sexual assault after the woman, an employee at the Lodge and Spa at Cordillera in Edwards, accused the Los Angeles Lakers star of sexual assault stemming from a June 30 incident at the resort.

After he was charged, Bryant admitted to having sex with the woman, but he maintained the sex was consensual.

Still, Denver trial lawyer Craig Silverman said it may not matter if Bryant lied to investigators.

"I don't think it means a lot," Silverman said. "In the post-Bill Clinton era it's not surprising that a married man would lie about a martial infidelity."

Bryant was in Colorado for a scheduled knee surgery when the incident occurred. He was contacted by the Eagle County Sheriff's office on July 1 and submitted DNA samples at a local hospital. He was arrested July 4.

If convicted, Bryant faces four years to life in prison. He is scheduled to appear in court Wednesday, though it is unclear whether he will be there in person or whether a representative will appear on his behalf.

The judge in the case, Frederick Gannett, warned news organizations yesterday not to publish or broadcast the name or photograph of any witness, juror, potential juror or the alleged victim and her family on the courthouse grounds. Any organization violating the order could be denied a seat in the courtroom.

Gannett will hear arguments today on whether the records should be made public.

Attorneys for media organizations - including the Los Angeles Times, Denver Post and NBC - have argued that many details have been publicized already.

Hurlbert and defense lawyers want to keep the records sealed, arguing that publicity could affect Bryant's right to a fair trial. Defense attorneys Pamela Mackey and Hal Haddon also have asked Gannett to reconsider an earlier order allowing cameras in the courtroom during next week's hearing.

[george wythe]

Thanks for the link.

I guess Kobe's attorneys will have to rely heavily in choosing the right jury, probably from Denver's inner city.

[dwd1]

I have been to enough LA Dodgers games to know that a pitcher gets the win on many occasions when he does not deserve to...and vice versa(hats off to Hideo Nomo)...

[connectthedots]

Persons with such an attitude would most likely end up disbarred or unemployed but it is a dream I have...

Taking on a corrupt court system is not for the faint of heart. I know this for a fact because I have been living it for the past almost four years in the state of Washington where I even have irrefuatable evidence that the corruption and obstruction of justice goes all the way to the highest court in the state, the Washington Supreme Court. Even the CJ of the state supreme court admitted they ignore the state constitution and statutes when it suits their purposes. He told me this during a personal meeting with him in his chambers last August. It also doesn't help when the FBI and the U.S. Attorney refuse to investigate RICO violations within the state courts, but I'm working on them.

This fight has has cost me a great deal, including my marriage. It did not help when my church pretty much shunned me for the most part, with a few exceptions, because I dared to do my Christian duty and confront evil where I found it. Nonetheless, I have never in my life be more confident that this effort is within the will of God for my life.

[dwd1]

By the way, assuming for a second that Kobe is convicted and the girl files a civil suit, do you know if they use comparitive or contributory negligience standards in assigning liability for damages...

In other words, will her consenting and then withdrawing consent mitigate damages....

[PBRSTREETGANG]

I am curious though, does anyone think this was his first time to cheat?

Perhaps Kobe doesn't consider anal sex to be cheating. I recall, a while ago, there was even some idiot who didn't consider oral sex to be sex.

[dwd1]

Reminds me of the Attorneys who tried to represent the people of a community that was victimized by toxic waste...(John Travolta and William H. Macy starred in the movie...A Civil Action)....Hats off to you, sir...

[Bluntpoint]

I wish I could tell you one way or the other.

However, it is going to depend entirely on the "lawyering" in the civil case and who can trash the other more.

[wardaddy]

My only sure thoughts on this case are that this case will be bloody....probably no winners.

I am inclined to think that in an area like the Vail environs where they are quite used to the rich and famous that the local DA would be reluctant to press a case in which he did not believe in.

That is not proof of anything though other than that perhaps the prosecutor did not take this case after frivolous consideration.

It is always vexing when there is the appearance that the alleged victim in a sexual assault case placed herself voluntarily in the scene and is further complicated that perhaps she even enjoyed the initial "affections". I believe in Kali now that rape is considered to have occurred even after coitus is commenced if the woman says no. While most everyone would agree that "no means no", it is still a very contentious angle to a rape case.

Strangers who break into homes or jump the woman in her car, etc types of sexual assault are clearly more easily definable.

In the end it will come down to testimony and physical evidence and THE LAW as written there....unless the defense can miraculously obtain a defacto jury nullification venue...very doubtful.

I have no clue where this one ends. It's hard to figure. If she only wanted money, it would have been easier to saber rattle her way into some chips. That she is a complete loony who somehow enjoys this is possible but would be unusual. Or he may be guilty of forcibly raping her after whatever else had taken place and I'm pretty sure that's rape although the fellatio hypothetical sure muddies the water. I would presume that forced anal sodomy after any other more conventional sexual contact still qualifies as some sort of sexual assault.

Like I said ...vexing and we're all just engaing in conjecture. I will take one dive in the pool though. The 4 million dollar ring which is really probably only worth 2-3 million at quick resale given jewelry markups means nothing either way. It is without a doubt in his wife's best interest to hang in there (especially since she has his legitimate child). She will gain the same if he loses that she would if she dumped him now or if he wins then he will have more money for her to go after. He needs her support in the PR battle and the wives rarely leave a cheating husband who's a big earner in a crisis....they leave afterwards when the score is known.

She is only 19 and she may believe him and love him or simply love the money. Well she obviously loves the money...she is absolutely gorgeous and he while not ugly is hardly a "Denzel".

[Bluntpoint]

there was even some idiot who didn't consider oral sex to be sex.

Most women I knew did not believe oral sex existed.

[dwd1]

From what I read of that, it is in line with the concept that a woman can say no at anytime to anything...Forcing her is a crime...I do think the law as stated is trying to compensate for the women who are treated badly during a rape trial and made to feel like it is their fault...It goes back to what you and I have said so many times...Most people look at rape is being about sex but it is really about violence and control...

It is going to be interesting to see in what direction sexual assault laws shift as a result of this case....

[wardaddy]

Yes.

[Bluntpoint]

So you are one of those dinosaurs who believe that character actually counts even if no one is looking?

[wardaddy]

Lots of folks use the Klintoon excuse...just like moralists said they would at the time.

I hope that is his lasting legacy. It's all he deserves.

[wardaddy]

Of course and I know you do too, your satirist facade notwithstanding.

[Howlin]

I "was" a court reporter. I couldn't take it anymore.

[Stone Mountain]

Oh boy, I am very conflicted on this. If this woman had oral sex with Bryant, and resisted intercourse, should that be equated with a rape where there was no sexual contact prior to the rape?

Big if. But even if this was the case, Bryant would be guilty of rape at the point where he did anything that she didn't consent to. It doesn't and shouldn't matter what happened before that...

[dwd1]

No argument it is going to be painful for the man. I think he is going to lose a lot more than he had anticipated for the pleasure he received...

I do think that Kobe has no upside here...If it is disclosed he cheats on his wife regularly, he loses...

If he admits that he prefers what some believe is distasteful sex, he loses...

If she has significant injuries and he comes off as a man willing to beat or assault women when it suits him, he loses...

The girl might as well pack up and move to an Amish Farm or a part of Germany where they don't care about American Pop Culture if she gets smeared too much...Small towns are difficult enough to live in without everyone knowing and discussing your business...

I think the injuries and credibility of the accusing party will still decide the case but with the element of withdrawn consent still requiring a conviction, the defense has a significant burden...

Reminds me of the discussion that took place on the radio where someone stated that the reason so many high level individuals engage prostitutes is not that they are paying someone to stay with them...They are paying the person to leave...

[PBRSTREETGANG]

Prosecutors say Kobe lied to authorities

Not subject to the gag order, I guess?

[dwd1]

Can you say "Integrity"? :-)

[tracer]

Thanks for the info on this fascinating case....