Kobe Accuser, Prosecution Seek to Ease Gag Order
DENVER — Prosecutors in the Kobe Bryant (search) sexual assault case have joined the NBA star's accuser in arguing that a strict gag order imposed by the judge makes it impossible for them to rebut rumors on the Web or allegations in released transcripts.
The woman's attorneys, John Clune and Lin Wood, say a defense witness has distributed derogatory information about their client on the Internet for months.
"Unrebutted, this `garbage' is allowed to be elevated in the mind of the public to the undeserved status of fact," they wrote in a filing released Thursday.
Defense attorneys have asked the judge to keep the order in place, saying the accuser's attorneys must be prevented from repeating "inflammatory" comments that threaten the chances for a fair trial.
Bryant, 25, has pleaded not guilty to felony sexual assault. He has said he had consensual sex with the employee of the Vail-area resort where he stayed last summer. The trial begins Aug. 27, with the last pretrial hearing scheduled for Monday.
If convicted, the Los Angeles Lakers (search) guard faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.
Earlier this month, District Judge Terry Ruckriegle (search) broadened his gag order to prohibit all lawyers, witnesses and others connected to the case from talking to reporters about the case.
Bryant's attorneys asked for the order after the judge released an edited transcript of a closed-door hearing in which an expert witness for the defense explained why she believes the alleged victim had sex with somebody within 15 hours after her encounter with Bryant. Clune has denied that claim.
Clune and Wood appeared on national television last week to criticize the judge and the court for gaffes that led to the release of the transcript and the accidental posting of their client's name on a state court Web site.
The attorneys also said in a court filing that the gag order must be eased so they can respond to "that devastating, one-sided account" of evidence contained in the transcript.
"As long as this unconstitutional gag order remains in effect, the terrible damage to the victim's right to a fair trial, to the victim's right to due process of law, to the victim's right to speak and reply, and to the victim's reputation, becomes irreparable," they wrote.