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Investigator Testifies at Bryant Hearing
Chippawa Valley ^

Posted on 10/09/2003 2:08:36 PM PDT by per loin

Edited on 10/09/2003 7:29:36 PM PDT by Admin Moderator. [history]

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URL: http://www.rockymountainnews.com/drmn/state/article/0,1299,DRMN_21_2334846,00.html
Detective: Bryant's accuser protested during encounter

By Tim Dahlberg, Associated Press Writer
October 9, 2003

EAGLE - The woman who accused Kobe Bryant of rape told police a flirtatious encounter quickly turned ugly when he grabbed her by the neck, bent her over a chair and attacked her, repeatedly asking, "You're not going to tell anybody about this, right?"

The 19-year-old woman was raped after agreeing to go to Bryant's suite at the resort where she worked, Eagle County Sheriff's Detective Doug Winters testified Thursday at a preliminary hearing to determine whether Bryant will stand trial.

Winters described in graphic detail for a packed courtroom how, according to the woman, an exciting, chance meeting with the Los Angeles Lakers' superstar led to a nightmarish assault that left her shaken and in tears.

She said she told Bryant "no" at least twice and he ignored her, pulling her dress up and her underwear down and raping her from behind.

At one point, the woman told police, Bryant forced her to face him and say "no" when he asked if she was going to tell anyone. After the attack, Bryant made her kiss his penis, Winters said the woman told investigators.

Bryant, 25, has insisted the sex was consensual. He sat at the defense table staring straight at Winters for much of the hearing, hands folded in front of him. Bryant occasionally clenched his jaw, but showed little other reaction.

Though the testimony was graphic, the most explosive statement came from Bryant's own defense attorney when she suggested under cross examination that the woman's injuries would also be "consistent with a person who has had sex with three different men in three days."

That led an angry Judge Frederick Gannett to empty the courtroom and summon the lawyers to his chambers. Gannett was also upset earlier when defense attorney Pamela Mackey said the woman's name four times when asking questions.

She apologized, saying she would write herself a big note not to say it.

"Or I could get you a big muzzle," Gannett said.

The hearing - expected to last only an afternoon - was finally adjourned after more than six hours, an indication the trial could be long and laborious for both sides. Gannett said it would continue next Wednesday, and the district attorney's office said Bryant had to appear.

Winters, the only witness of the afternoon, recounted what the woman told him in an hourlong interview the day after she met Bryant at the resort. It all began with a tour of the hotel on June 30 that led to some flirting. She went back to Bryant's room and showed him a tattoo on her ankle, then turned down his request to join him in the hot tub, Winters said.

Her shift at the front desk was ending and she wanted to go home, he said, and "she was starting to feel a bit uncomfortable."

Winters said she stood up to leave and Bryant gave her a hug that led to some consensual kissing, Winters said.

But when she turned to go, Bryant grabbed her by the neck, pulled up her black dress and raped her against a chair, Winters said. She told investigators she said "no" at least twice, before bursting into tears as the five-minute attack went on.

Bryant wasn't holding her neck so tight she couldn't breathe, Winters said, but enough to control her movement.

"She was afraid that he was going to choke her," he said.

Afterward, Bryant told the woman to clean up, Winters said. She fixed her hair, wiped her face and left after again promising to remain silent.

She went back to the front desk to finish up her work and finally left the resort with an unidentified bellman, Winters said. She told him what happened and he urged her to report it, later following her home.

Winters testified that the woman's blood was found on the inside of Bryant's T-shirt, based on DNA tests. The woman told him she had bleeding from the attack, he said.

The prosecution also presented photographs showing vaginal injuries and one of a bruise on the woman's jaw, and a rape nurse's statement that her injuries were not consistent with consensual sex.

Mackey, though, suggested Winters had no idea when the bruise occurred, and got him to acknowledge that the woman needed no treatment for injuries when she was examined. She also questioned him on whether he saw marks on her neck when he interviewed her the next day.

"She talks on how Mr. Kobe Bryant grabbed her neck and choked her," Mackey told Winters. "You looked at her neck to see?"

Winters said he had, then Mackey asked him if he saw any injuries on her neck.

"Not from the front, no," he said.

"Not a red mark?" she asked.

"That's correct," he said.

"Not a scratch?"

"That's correct."

Winters said the woman seemed serious when he first interviewed her with her parents at their Eagle home.

"I sensed a crackle in her voice," he said. "She stated that he raped her."

Bryant faces up to life in prison if convicted of a felony charge of sexual assault.

Legal experts had expected the defense to waive the hearing and head straight to trial rather than allow prosecutors to lay out their case for the first time _ evidence that will be discussed in public for months.

Gannett had rejected defense requests to have the woman testify and to see her medical records.

The hearing began as hundreds of reporters and a handful of spectators gathered outside the courthouse to catch a glimpse of Bryant as he arrived with his lawyers in a caravan of three SUVs. He said nothing to the crowd.

Bryant had to take off a necklace and was checked with metal detectors before walking into the courtroom.

Bryant, free on $25,000 bond, had been ordered to appear in court for a bond hearing even if the preliminary hearing was waived. He left the Hawaii training camp of the Los Angeles Lakers on Wednesday.

Bryant has the right to go to trial within six months of entering a plea, but he could agree to push that back until later, perhaps after the NBA season ends early next summer.

Copyright 2003, Rocky Mountain News. All Rights Reserved.


TOPICS: News/Current Events
KEYWORDS: kobe; kobebryant; rape
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To: tsmith130
Mike Peterson, here in North Carolina; beat his wife and left her lying at the foot of the stairs to bleed to death.
641 posted on 10/10/2003 9:26:38 AM PDT by Howlin
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To: Howlin
Lovely....I'm sorry I asked!
642 posted on 10/10/2003 9:32:14 AM PDT by tsmith130
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To: tsmith130
It's a local trial......it's the talk of the town!
643 posted on 10/10/2003 9:37:47 AM PDT by Howlin
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To: tsmith130
Have they ever given any details about the physical characteristics of the woman? Height, weight, framesize? I'm just curious what 'size' woman she is. If she was petite, it may have taken very little effort to hold her, thus leaving no marks.

I find it hard to believe that a woman who is grabbed by the neck and raped would not have at least some bruising.

That being said, if the defence can't back up that three guys in three days comment/question, putting that idea out there would be the act of a guilty man or at least one who doesn't have a good defense.

At a minimum, the extent of her injuries seem to have been greatly exagerated.

644 posted on 10/10/2003 9:49:17 AM PDT by Strider
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To: Strider
What are the legal implications of what she did? She posed it as a question (albeit to a witness that would have no knowledge on how to respond to it). Since she posed it as a question, rather than a statement of fact, does she have to back it up and proceduce those 'three men'? Will she be forced to prove it? Any attorneys out there?

I apologize if this has already been asked and answered. There are a lot of posts here and I may have missed it.

645 posted on 10/10/2003 9:58:45 AM PDT by tsmith130
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To: tsmith130
Since she posed it as a question, rather than a statement of fact, does she have to back it up and proceduce those 'three men'?

All of the lawyers that I saw on TV last night, said she would be in big trouble, if she can't back that statement up.

It had better be true.

646 posted on 10/10/2003 10:10:03 AM PDT by Strider
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To: Howlin
"I'm watching the Mike Peterson case on Court TV"

I heard on the radio this morning that he was found guilty and would spend the rest of his life in prison.

647 posted on 10/10/2003 10:31:17 AM PDT by Spunky (This little tag just keeps following me where ever I go.)
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To: Spunky
He sure was.
648 posted on 10/10/2003 10:59:46 AM PDT by Howlin
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To: riri
But, the fact that she never showered and had preserved all the evidence tells me somebody was doing some number crunching.

What? You mean 15 to life?

649 posted on 10/10/2003 11:26:03 AM PDT by Colofornian
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To: Toespi
But I am wondering if her parents/bellhop might not have convinced her it was rape.

Oh sure. Young women always immediately recount their "quickies" (which is usually a male-initiated thing) to local bellhops...then rush home to tell Mom & Dad about their latest sexual "conquest."

650 posted on 10/10/2003 11:45:43 AM PDT by Colofornian
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To: Brandon
Mackey's remarks will never be proven or even introduced into evidence because evidence of prior sexual history is barred by the rape shield law.
651 posted on 10/10/2003 11:51:54 AM PDT by anton
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To: TexKat
If this person is not a part of the case then how would he know what they have on Koby.

Because the Judge announced to all those present the reason why he was not allowing the evidence to be put before the court AT THIS time. It was announced in court by the Judge that the information would be too damaging to Kobe's ability to find a fair jury.

I agree the talking heads speculate way too much. But this particular person I quoted was interesting because he was there and using the Judge's own words.

652 posted on 10/10/2003 12:28:35 PM PDT by Peach (The Clintons have pardoned more terrorists than they ever captured or killed.)
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To: Colofornian
You know what? There are all kinds of people in this world with varying motivation. No one knows what happened in this situation. The trial and jury will make the final determination and I hope justice will be served. But I do know one thing, if myself or family were wrongly accused of such a horrible crime, I would hope that there was not a conviction until the verdict was rendered.
653 posted on 10/10/2003 3:12:54 PM PDT by Toespi
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To: anton
You're probably right. However, it is my understanding (IANAL) that in Colorado an exception is made if the prior sexual history might prove that someone other than the defendant was responsible for the physical evidence. In this example, Mackey might be able to get the prior sexual history admitted, if she could make a credible claim that it was the sexual encounters with these two other men that caused the bruising and tear in the accuser's vaginal area.
654 posted on 10/10/2003 11:28:10 PM PDT by Brandon
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