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Court denies prosecutors' appeal
Testimony on sex life allowed in Byrant case
Tuesday, August 17, 2004

EAGLE, Colo. -- Prosecutors were dealt another setback yesterday in the Kobe Bryant sexual assault case, losing a last-ditch attempt to keep the NBA star's lawyers from telling jurors about the alleged victim's sex life.

Without explanation, the Colorado Supreme Court refused to consider an appeal of a ruling by the trial judge that the woman's sexual conduct around the time of her encounter with Bryant is relevant to the case.

The decision came as Bryant's final pretrial hearing got under way, much of it behind closed doors. If the justices had agreed to hear the prosecution appeal, the trial could have been delayed for weeks beyond the scheduled Aug. 27 start date.

Prosecutors filed the appeal two weeks after the judge's ruling. The motion, along with prosecutors' unsuccessful attempt last week to indefinitely delay the trial, had prompted speculation about whether they would drop the case.

District attorney spokeswoman Krista Flannigan said prosecutors still plan to put the Los Angeles Lakers guard on trial.

In a development in the civil case, federal Judge Richard Matsch ordered attorneys for the woman to explain why they should be allowed to go ahead with the lawsuit without publicly disclosing the woman's name. The order followed objections filed by attorneys for news organizations who asked the judge to scrutinize the reasoning behind the request.

Denver attorney Scott Robinson, who has followed the case, said the Supreme Court's decision not to hear the appeal gave prosecutors a way to dismiss the criminal case without embarrassment.

But a former prosecutor, Norm Early, predicted the trial would begin as scheduled.

"I believe she honestly believes she was sexually assaulted," he said. "She's been through an incredible amount of trauma, and now is the time for Kobe Bryant to feel a little bit of trauma. She's never had her day in court."

In a closed hearing yesterday, prosecutors were scheduled to ask District Judge Terry Ruckriegle to reconsider his decision allowing the defense to tell jurors about money the alleged victim received from a victims compensation fund.

The defense has indicated it plans to tell jurors that the woman was given nearly $20,000, far more than usual, for mental health care and other services.

In open court yesterday, prosecutors suggested they had some concerns about the way DNA evidence was handled.



First published on August 17, 2004 at 12:00 am