Is the prosecution's case falling apart? Released documents show DA may be willing to cut a deal EAGLE, Colo. - A month before the judge in the Kobe Bryant sexual assault case cleared the way for the accuser’s sex life to be used as evidence, prosecutors told him that sort of ruling would force them to re-evaluate their chances of winning a conviction, transcripts of a closed court hearing revealed Monday. District Judge Terry Ruckriegle decided in late July to allow the NBA star’s defense team to introduce details about the accuser’s sexual activities during the week of her encounter with Bryant to help determine the source of her injuries, DNA evidence and her credibility. He rejected a defense request to dismiss evidence that includes Bryant’s tape-recorded statements to investigators and a T-shirt stained with the accuser’s blood. He has not yet ruled on a prosecution request to limit testimony about the woman’s mental health, including what friends described as two suicide attempts. Prosecutor Ingrid Bakke told the judge in June that the prosecution’s case could be damaged if one or more of those decisions favored the defense. Transcripts from the closed June 21-22 hearings on Colorado rape-shield law and other issues were mistakenly e-mailed by a court reporter to The Associated Press and six other news organizations, which battled Ruckriegle in court to publish the contents. Late Monday, he reluctantly agreed to release lightly edited copies of the documents. “If in fact you were to rule that all of the rape-shield evidence were going to come in in this case, I’m thinking the prosecution is going to sit down and re-evaluate the quality of its case and its chances of a successful prosecution,” Bakke said. “That ruling, the ruling on the mental health issues and the suppression of the defendant’s statements make a significant change in the case, meaning the parties may have more or less willingness to negotiate based on that,” the prosecutor said. Ruckriegle told Bakke he understood but added he would not allow plea negotiations once a trial date was set. Three days later, he set an Aug. 27 trial date. He later twice extended the deadline for a plea deal, most recently to July 28. Bryant, 25, has pleaded not guilty to felony sexual assault. He says he had consensual sex with a 19-year-old front desk worker at a Vail-area resort where he was staying last summer. If convicted, the Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000. link
In this country, first you get the money. Then when you get the money you get the power. When you get the power then you can basically rape any chick you want.
Waht does money have to do with it? Aren't they saying they don't have evidence for a conviction? Wouldn't that be the same regardless of who the defendant is?
Public prosecuters versus thousand-dollars-per-hour defense lawyers will always be one-sided. Proving sex occured is not the focus, proving rape occured is. Once you add "beyond a shadow of a doubt," you can see that chances of a conviction are slim. When you also consider that the alledged victim has freely admitted that she went to his room and engaged in "first base" activities willingly and interest was mutual, well, it starts looking bad. Look at the Jayson Williams trial. The guy did, no possible question. Even his friends testified against him as eye witnesses, and all the physical evidence was damning. Yet STILL, his lawyers worked the system well enough to keep the jury from convicting him. Honestly, does anyone think Kobe will be found guilty (whether or not he really is)? Evan
Makes you wonder if the rape shield is actually a good idea. Maybe it needs to be a little more flexible. If the prosecution's whole case hinged on the rape shield, you have to wonder if the prosecution really believes he did it, and if they don't really believe, what does that say. Where they willing to convict an innocent man. Sure. There is some gray area here. But damn, I don't like the looks of what is happening here.
No b/c in this case the defense has been given free reign to usurp and circumvent the rape shield laws by leaking info/disinformation to the press (in order to taint the accuser's public image), the court itself has "accidentally" leaked testimony to the press that is primarily damaging to the prosecution on more than one occasion, and now it appears likely that the judge will be allowing the defense to stage revelations of the accuser's sexual promiscuity and/or prior mental treatment with a litany of "experts" and "witnesses" during trial - which is clearly counter to the intent of the rape shield laws. If Kobe Bryant was a broke ass nobody, none of these "accidents" would be happening and none of this "evidence" would be admitted to trial. IMO, of course...
Yeah, but the girl wouldn't have had sex with Kobe if he was just some 'broke ass nobody' now would she. Special circumstances like this should be an exception. It seems like you're just bitter because he's rich and famous, which of course is the reason things are going his way so far...but the situation was also caused because of his social status. It works for and against someone...IMO, of course.
Well, your words indicate that you believe she willing had sex w/ him and not only that, you know that she had sex w/ him b/c he's rich and famous. This is exactly the efffect that Kobe's defense wants - to have the trial played out in the media/public. They are banking on sheepish masses swallowing their spin and the jury pool being influence before a trial even starts.
You got it wrong. In America, first you get the sugar, then you get the power, then you get the women....
Just in case it's unclear to some...what I posted was an adaptation of a quote from 'Scarface'. I wasn't trying to single out America....as money/power will get you most anything in most any country anyways..
She is a skank going around banging 2-3 different guys in 3 days, accused one of them of rape and then showed up for the rape exam with another guys semen in her underwear AND on her person over 24 hours later. Not only that but she had the same guys semen on the underwear she wore the night she had sex with Kobe I don't think there should have been a charge. ...but thats just me
I believed this is what happened before the defense began any 'spinning' as you put it. Cmon man, don't be so naive. You think she went up to Kobe's room by herself, at night, after flirting with him previously, to just give him some towels? A young, mentally unstable, low self esteem teenage girl goes up to an attractive(err,not my opinion...), flithy rich NBA superstar's room and you think he forced her? Its known that she's been promiscuious in the days surrounding the incident but that doesn't mean anything to you. Just curious, are you related to this girl in someway? If not, then why do you think Kobe decided to randomly rape this girl while he was recovering from knee surgery? Just for the 'hay' of it? It doesn't make sense. I guess you believe he's guilty until proven innocent, huh?
And the prosecution is saying their case rests on not admitting that information into court. Yeah, Kobe's money (connections and power) is going to save his ass from prision, but the real problem is that there are innocent Joe Schmoe's getting locked up all the time in similar situations, pretty much because they don't have the money to get a real defense team. I am sure that if Kobe relied on a public defender, this case would turn out quite differently.
Latest Kobe news: girl he groped/attacked at a Shaq party might testify. http://sportsillustrated.cnn.com/2004/magazine/08/03/scorecard0809/index.html
My problem is not with Kobe being rich and famous or whether the girl knew what she was getting into and what not.....It just disturbs me that these CO rape shield laws have been upheld thru thousands of prior rape cases there - up until now. Also, the true facts in the case are not really known to us and probably wouldn't be until after a trial is concluded. As you posted, we have been given the following descriptions from the media about the accusor being "mentally unstable, low self esteem....promiscuious in the days surrounding the incident". You and I do not really know if any of this is true. We have no idea what the real facts are. But because the presiding judge has allowed the defense team to keep breaching the rape-shield laws in this case, it's already been planted as an idea in our heads. As far as what Kobe was thinking or what motive he would have - I have no idea. I also could never figure out why he'd take an off-balance double pumped 20footer with the defender in his face when Shaq was wide open under the cup
LOL, good point. The rape shield was put into place so that a rapist couldn't simply show the accuser was a ho and get off the hook. I can see why it's good to have. I think this case IS special because of the accused status and fact that the girl willingly went into the room, by herself, and at a questionable hour. Until we can have all the facts as to why she did this, her intentions will always be suspect to me.
blah blah blah... I see the burning of a certain yellow number 8 jersey in our futures, gentlemen... (from http://www.boston.com/news/daily/17/simpson.htm )
