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jayC · 07-31-2003, 06:33 PM

Media fighting for disclosure of court records

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Associated Press

EAGLE, Colo. -- A judge rejected Kobe Bryant's request to skip next week's initial court appearance in his sexual assault case, his attorney said Thursday.

Hal Haddon said the request was filed Thursday morning and rejected a few hours later by Eagle County Judge Fred Gannett.

Haddon commented during a break in a hearing on a request from media organizations to make public sealed court records in the high-profile case.

Chris Beall, representing several media organizations, argued that the NBA superstar waived his right to privacy when he declared his innocence at a news conference hours after the sexual assault charge was filed.

Beall said the presumption of public access to court records is "a hallmark of our judicial system."

"Every day that goes by when the public doesn't have an opportunity to understand the evidence is a day lost under the Constitution," he said in a courtroom filled with reporters.

"The defendant has asserted that the release of the arrest warrant and search warrant affidavit will harm his right to privacy," he said. "However, the defendant has made admissions on international TV of a sexual relationship he says was consensual with the victim. That statement is a waiver of his right to privacy with respect to those facts."

District Attorney Mark Hurlbert and Bryant's lawyers have argued that the records should be withheld because publicity could undermine the athlete's right to a fair trial.

Gannett said he would not rule before Bryant's initial court appearance on Wednesday.

The hearing was held as ABC News, the Rocky Mountain News and the Vail Daily newspaper reported Bryant and the 19-year-old woman who accused him of sexual assault had consensual sexual contact but she did not agree to have intercourse with him.

Representatives of the prosecutor and the Eagle County sheriff's office declined comment on the reports.

Much of the information about the allegation against the Los Angeles Lakers' star has been sealed, such as the arrest affidavit and court records that could provide clues to the evidence.

Gannett has ordered a limit on public comment about the case by attorneys, authorities and others, including Bryant and any witnesses. He said the order was necessary to guarantee a fair trial.

Gannett also has warned organizations not to publish or broadcast the name or photograph of any witness, juror, potential juror or the alleged victim and her family on the courthouse grounds. Any organization violating the order could be denied a seat in the courtroom.

Bryant, a 24-year-old husband and father of one, has said he had sex with the hotel worker but denied he sexually assaulted her. He is free on a $25,000 bond and is scheduled to return to Colorado on Aug. 6 for an initial hearing where he will be advised of the charge against him and his rights.

Hurlbert has said he had both physical and testimonial evidence to prove the case. He said Bryant forced the victim into "submission" through physical force but refused to disclose other details.

07-31-2003, 06:33 PM	#1
jayC Diamond Member Join Date: Jul 2002 Posts: 3,460	kobe's request to miss trial denied by judge Media fighting for disclosure of court records -------------------------------------------------------------------------------- Associated Press EAGLE, Colo. -- A judge rejected Kobe Bryant's request to skip next week's initial court appearance in his sexual assault case, his attorney said Thursday. Hal Haddon said the request was filed Thursday morning and rejected a few hours later by Eagle County Judge Fred Gannett. Haddon commented during a break in a hearing on a request from media organizations to make public sealed court records in the high-profile case. Chris Beall, representing several media organizations, argued that the NBA superstar waived his right to privacy when he declared his innocence at a news conference hours after the sexual assault charge was filed. Beall said the presumption of public access to court records is "a hallmark of our judicial system." "Every day that goes by when the public doesn't have an opportunity to understand the evidence is a day lost under the Constitution," he said in a courtroom filled with reporters. "The defendant has asserted that the release of the arrest warrant and search warrant affidavit will harm his right to privacy," he said. "However, the defendant has made admissions on international TV of a sexual relationship he says was consensual with the victim. That statement is a waiver of his right to privacy with respect to those facts." District Attorney Mark Hurlbert and Bryant's lawyers have argued that the records should be withheld because publicity could undermine the athlete's right to a fair trial. Gannett said he would not rule before Bryant's initial court appearance on Wednesday. The hearing was held as ABC News, the Rocky Mountain News and the Vail Daily newspaper reported Bryant and the 19-year-old woman who accused him of sexual assault had consensual sexual contact but she did not agree to have intercourse with him. Representatives of the prosecutor and the Eagle County sheriff's office declined comment on the reports. Much of the information about the allegation against the Los Angeles Lakers' star has been sealed, such as the arrest affidavit and court records that could provide clues to the evidence. Gannett has ordered a limit on public comment about the case by attorneys, authorities and others, including Bryant and any witnesses. He said the order was necessary to guarantee a fair trial. Gannett also has warned organizations not to publish or broadcast the name or photograph of any witness, juror, potential juror or the alleged victim and her family on the courthouse grounds. Any organization violating the order could be denied a seat in the courtroom. Bryant, a 24-year-old husband and father of one, has said he had sex with the hotel worker but denied he sexually assaulted her. He is free on a $25,000 bond and is scheduled to return to Colorado on Aug. 6 for an initial hearing where he will be advised of the charge against him and his rights. Hurlbert has said he had both physical and testimonial evidence to prove the case. He said Bryant forced the victim into "submission" through physical force but refused to disclose other details.