Sports and the Law Report

The Kobe Bryant Case: The Saga Is Over....

Unless you've been living under a rock during the last week, you are probably aware that the criminal sexual assault charges against Kobe Bryant were dropped by the Eagle County Colorado District Attorney's office on Wednesday, September 1, 2004. According to nearly all published reports, Bryant's accuser indicated to the DA that she was no longer willing to cooperate as a witness in the case. In my opinion, this left the DA will little choice but to dismiss the charges. While a witness can be compelled to testify, resorting to that during a jury trial in a criminal sexual assault case where a consent defense would have been a ridiculous last resort for the prosecution. I have to say that I suspected the prosecution was on its heels somewhat from the outset of the case. The first sign of trouble came when the Eagle County Sheriff's Office arrested Bryant in connection with the alleged assault without even consulting with Eagle County Colorado DA Mark Hurlbert. Law enforcement officials do not always consult with the prosecuting attorney before filing charges in cases like this, but where a high profile athlete is involved, I would say the failure to do so by the sheriff's department was ill-advised. If they case had been referred to Hurlbert first, I would like to think that Hurlbert would have questioned the victim about her sexual activities before and after her encounter with Bryant. The early discovery of such information may have kept the charges from being pursued thus saving all parties involved the stress, expense and embarassement involved with the case. Instead, once the arrest occurred, the die was cast and a series of legal manuevers by the defense (victorious motions practice resulting in the admission of evidence of the victim's sexual activities just before and after her encounter with Bryant) and some information mismanagement by the court system (posting her name on the court web site and incorrectly releasing an unredacted court transcript to a news organization) exposed the victim to even more scrutiny than a victim in such a high profile case might otherwise be expected to experience. This ulitimately led the collapse of the prosecution's case.

-Rob Hagy, Attorney and Counselor at Law
Editor, Sports and the Law Report

Kobe Bryant Case: Victim as Well as Bryant on Trial

Kobe Bryant's trial is scheduled for jury selection this upcoming Friday and, as is the case is most sexual assault and rape criminal prosecutions, Bryant's defense team has shifted a large amount of the focus of the case to the victim in the case and away from Bryant. Pre-trial rulings by the court has opened the door for the defense to explore the victim's sexual activities in the three days just prior to the victim's hospitial examination fifteen hours after her encounter with Bryant. For more detailed analysis on the eve of the trial, click here for ESPN.com's latest coverage.

Kobe Bryant Case: Case Update

The associated press reports that with less than two weeks remaining prior to the trial date, Kobe Bryant’s Prosecution team failed in its final effort to prevent the Defense from presenting to the jury the sex life of the alleged victim. As illustrated by a witness for the defense, the information will allow for Bryant’s team to present DNA evidence that will indicate the alleged victim engaged in sexual relations following the encounter with the Defendant, but prior to her hospital examination. The Prosecution has indicated however that they have concerns in regards to the way that the DNA was handled.

This comes alongside several other serious setbacks for the Prosecution, highlighted by last weeks filing of a civil suit against Bryant in a federal court. The AP quoted Defense Attorney Pamela Mackey as she pointed out that the filing of the civil suit had the negative effect of “exposing her motivation to pursue her false accusation-the hope of a large monetary award.”

Amidst a sweeping gag order and widespread speculation that the prosecution would soon drop the case against Bryant, district attorney spokeswoman Krista Flannigan claimed that the prosecutors still intend to put the NBA star on trial. If Bryant is convicted he would face four years to life in prison or 20 years to life on probation, and a fine up to $750,000. For more on the Kobe Bryant case see ESPN’s continuing coverage at http://sports.espn.go.com/nba/news/story?id=1860398 or for more in depth legal analysis, background and related information see Court TV’s analysis at http://courttv.com/trials/bryant/.

-Jeff Mogan, Contributor to the Sports and the Law Report.

Judge to Allow Kobe Accuser's Sex History

The Associated Press reports that the judge in the NBA star’s sexual assault case ruled Friday that his accuser’s sex life during the week of their encounter can be used against her at trial.