"Prosecutors will ask for Kobe dismissal"

baggio248 · 09-01-2004, 04:31 PM

Eh.....

Quote:

Conflicting reports on whether D.A.
will ask right to try Bryant at later date

EAGLE, Colo. - Prosecutors have agreed to dismiss sexual assault charges against Los Angeles Lakers star Kobe Bryant, NBC News has learned. But what remains in question is whether or not the prosecution is asking for the right to bring charges against Bryant at a later date.

According to NBC News, the prosecutors will move to dismiss the case "without prejudice", which means they can refile the case later.

ABC, however, reported that the prosecution wanted the case to be dismissed "with prejudice", meaning it could never be brought to court again. According to the ABC report, the alleged victim was no longer willing to testify.

The Associated Press reported that the case will be dropped as early as Thursday.

District Attorney Mark Hurlbert scheduled a late afternoon news conference, but his spokeswoman declined to comment before that, as did attorneys for the 20-year-old accuser. Defense attorneys did not return calls seeking comment.

L. Lin Wood, an attorney handling the accuser’s federal civil lawsuit against Bryant, said that case was intact Wednesday.

“There has been no settlement of the civil lawsuit and there have been no discussions concerning a settlement,” he said. He declined to comment when asked about the criminal case.

Bryant, 26, has said he had consensual sex with a then-19-year-old employee of a Vail-area resort where he stayed last summer. If convicted, the Los Angeles Lakers star would face four years to life in prison or 20 years to life on probation, and a fine up to $750,000.

Reports that the prosecution was dropping the case surfaced as jury selection began to wrap up. Attorneys and District Judge Terry Ruckriegle had hoped to seat a 12-member jury this week, with opening statements coming next Tuesday.

Defense attorneys this week asked the judge to dismiss the assault charge, saying prosecutors had refused to turn over details that could suggest Bryant is innocent. Court rules require prosecutors and defense attorneys to exchange evidence and witness opinions before trial, a process called discovery.

In a motion made public Wednesday, defense attorneys said a forensics expert whom prosecutors had planned to call as a witness had information that “undermined the accuser’s allegations and the prosecution’s case, and corroborated Mr. Bryant’s defense on a central issue — the cause and significance of the accuser’s alleged injuries.”

The filing said those opinions were not disclosed to the defense until they contacted the expert Friday, despite repeated requests to prosecutors for the information. Prosecutors have said they have turned over all information they were required to.

“A person’s life and liberty are at stake,” the defense attorneys wrote. “The game of hide-the-ball, find-it-if-you-can discovery is intolerable. This court must vindicate Mr. Bryant’s constitutional rights and impose meaningful sanctions against the prosecution.”

The motion does not identify the expert, but prosecutors this spring had said they planned to call former New York City medical examiner Michael Baden to testify about the woman’s injuries.

Hurlbert had said during a July 19 hearing he had decided against using Baden. He did not elaborate.

The defense motion was first reported by ABC News, which cited unidentified sources who said Baden told prosecutors the woman’s injuries could have been caused by consensual sex. Baden did not return messages Wednesday.

The defense has also argued that injuries found on the woman could have been caused by sex with someone else in the time surrounding her encounter with Bryant, including someone afterward and before she went to a hospital. The woman’s attorneys have denied that claim.

Defense attorneys asked the judge to either dismiss the case or bar prosecutors from introducing any expert testimony relating to the accuser’s injuries. The judge gave prosecutors until Tuesday to respond.

TofuNinja · 09-01-2004, 04:34 PM

hell yeah!!! Let the Cival suit began

ialsohaveadream · 09-01-2004, 07:08 PM

He's free. They gave up.

Here's me struggling to hide my shock.

bachviet · 09-01-2004, 07:13 PM

So he won't be part of the Jailers after all.

nickel · 09-01-2004, 08:18 PM

not a big surprise

dbax791 · 09-01-2004, 08:36 PM

Yup he's a free man. Wonder if the civil suit will go thru or if this is part of some kind of settlement.

yippiekiyeh · 09-01-2004, 10:59 PM

Civil suit is going through... but I guess that the criminal trial is done.

All Laker fans have just breathed a *sigh* of relief.

Jeffbx · 09-02-2004, 06:13 AM

Whew! For a minute there, I was worried that professional sports might be interrupted by a pesky thing like the law.

Nothing to worry about. Men, back to your couches! Women, watch your backs!

Mike_N_Ike · 09-02-2004, 09:54 AM

Quote:

Originally Posted by bachviet

So he won't be part of the Jailers after all.

Reminds me of Denzels line in Training Day about playing basketball in Pelican Bay

avlena · 09-02-2004, 10:04 AM

Today's CNN story

does anyone find kobe's stmt odd? i mean, it seems like he pretty much admits guilt on his part.

i don't know what i believe regarding guilt/innocence, but i can't help but feel sorry for her. it's just not fair to anyone to have "a 206-page transcript that dealt with [her] sexual history" accidentally sent to the media. i know it's slightly different since it was a situation with a celebrity, but if i was sexually assaulted in that county, i'd be pretty damned hesitant about bringing it into their court system, when they've accidentally release a potential victim's name, sexual history, and other sensitive information.

Jeffbx · 09-02-2004, 10:23 AM

Well, yeah - why do you think so many sports figures get around the law? 'Accidents' like that will ensure that people will still be able to watch their sports heros play - that's more important than a little thing like rape (or drugs, or murder, or assult, etc.)

Mike_N_Ike · 09-02-2004, 10:24 AM

Quote:

"Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did."

I wonder if this will come back to haunt him when the civil proceedings begin.

DarkFury · 09-02-2004, 12:55 PM

Quote:

Originally Posted by Mike_N_Ike

I wonder if this will come back to haunt him when the civil proceedings begin.

Personally, I'd probably have just kept my trap shut at that point....

But then again, maybe that was part of the "agreement".

verve247 · 09-02-2004, 04:53 PM

Heres the full statement:
link

You'll notice the part where it says he released this statement on the condition that it wouldn't be brought up in the civil case. Very sly.

sbp · 09-04-2004, 06:24 AM

Quote:

Originally Posted by avlena

Today's CNN storydoes anyone find kobe's stmt odd? i mean, it seems like he pretty much admits guilt on his part.

i don't know what i believe regarding guilt/innocence, but i can't help but feel sorry for her. it's just not fair to anyone to have "a 206-page transcript that dealt with [her] sexual history" accidentally sent to the media. i know it's slightly different since it was a situation with a celebrity, but if i was sexually assaulted in that county, i'd be pretty damned hesitant about bringing it into their court system, when they've accidentally release a potential victim's name, sexual history, and other sensitive information.

Quote:

Originally Posted by CNN story

The sexual assault charge against NBA star Kobe Bryant has been dismissed in a stunning development that came less than a week before opening statements were set to begin.

Stunning development?!? Only thing stunning was this weak case had gotten this far.

I don't find Bryants statement odd. Lets see...have your slick lawyer come up with a well-written no-apology apology or have this farce of a case drag on and take your chances with a jury.

Here comes the $ettlement.

09-01-2004, 04:34 PM	#2
TofuNinja Rear Admiral Upper Half Join Date: May 2000 Location: On Serenity Posts: 3,503	hell yeah!!! Let the Cival suit began __________________ "To search for the old is to understand the new." -Gichin Funakoshi- ===>>>LABELED CANTACUZENE'S DUMBEST PERSON ALIVE!!!<<<===

09-01-2004, 07:13 PM	#4
bachviet What's Da Pho*? Join Date: Aug 2001 Location: SoCal (714) Posts: 13,296	So he won't be part of the Jailers after all. __________________ Dell Dimension 9200 \| Intel Core 2 Quad Q6600 (2.4GHz) \| 4x1GB DDR2 \| 256MB nVidia GeForce 8800GT Dell Studio 17 \| Intel Core i7-720QM (1.6GHz) \| 2x2GB DDR3 1066MHz \| 1GHz ATI Mobility Radeon HD 4650 Intel P4-C 3.0GHz \| ECS 865PE-A \| 3x512MB PC3200 \| 128MB PNY GeForce 6600GT

09-01-2004, 08:18 PM	#5
nickel Vice Chairwoman, Joint Chieftess of Staff Join Date: Feb 2002 Location: Jeterville, NYY Posts: 17,786	not a big surprise __________________ click me

09-01-2004, 10:59 PM	#7
yippiekiyeh A Friend of a Friend Join Date: May 2001 Location: WESTSIDE! Posts: 1,673	Civil suit is going through... but I guess that the criminal trial is done. All Laker fans have just breathed a sigh of relief. __________________ Distributed.Net I'm Trying this blogger thang...

09-02-2004, 10:04 AM	#10
avlena Captain Join Date: Mar 2002 Location: So-Cal Posts: 1,691	Today's CNN story does anyone find kobe's stmt odd? i mean, it seems like he pretty much admits guilt on his part. i don't know what i believe regarding guilt/innocence, but i can't help but feel sorry for her. it's just not fair to anyone to have "a 206-page transcript that dealt with [her] sexual history" accidentally sent to the media. i know it's slightly different since it was a situation with a celebrity, but if i was sexually assaulted in that county, i'd be pretty damned hesitant about bringing it into their court system, when they've accidentally release a potential victim's name, sexual history, and other sensitive information. __________________ Have a groovy day!

09-01-2004, 07:08 PM	#3
ialsohaveadream Fleet Admiral Join Date: Feb 2004 Location: FL Posts: 8,077	He's free. They gave up. Here's me struggling to hide my shock.

09-01-2004, 08:36 PM	#6
dbax791 Rear Admiral Lower Half Join Date: Feb 2000 Location: Arizona Posts: 2,177	Yup he's a free man. Wonder if the civil suit will go thru or if this is part of some kind of settlement.

09-02-2004, 06:13 AM	#8
Jeffbx Fleet Admiral Join Date: Mar 2000 Location: Michigan Posts: 9,390	Whew! For a minute there, I was worried that professional sports might be interrupted by a pesky thing like the law. Nothing to worry about. Men, back to your couches! Women, watch your backs!

09-02-2004, 10:23 AM	#11
Jeffbx Fleet Admiral Join Date: Mar 2000 Location: Michigan Posts: 9,390	Well, yeah - why do you think so many sports figures get around the law? 'Accidents' like that will ensure that people will still be able to watch their sports heros play - that's more important than a little thing like rape (or drugs, or murder, or assult, etc.)

09-02-2004, 04:53 PM	#14
verve247 Commander Join Date: Apr 2001 Location: San Francisco Posts: 1,486	Heres the full statement: link You'll notice the part where it says he released this statement on the condition that it wouldn't be brought up in the civil case. Very sly. __________________ Vegetarian - Old indian word meaning poor hunter.

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