David Stern defends Kobe, rips the Patriot Act

[madape]

TARRYTOWN, N.Y. -- NBA Commissioner David Stern said that Kobe Bryant, despite awaiting a potential sexual assault trial in Colorado, should continue to play for the Lakers this season.

"Absolutely," Stern, when asked if Bryant should play, told the Los Angeles Times for Tuesday's editions. "We don't have a Patriot Act in the NBA. That means that you're innocent until proven guilty.

"If every time someone was accused and there were allegations, [if] they were required to stop their life, that wouldn't be a good thing. That could be their choice, but they shouldn't be forced to [stop]."

Stern, in New York attending the league's rookie transition program, told the newspaper that the Bryant case "certainly hasn't escaped our notice, is what I would say," but that for the NBA, "our preparations are purely [administrative], having to do with security and public relations, communications access. Everything else is business as usual.

"Will there be some media distraction? Yes. But I doubt very much whether there will be any basketball distraction."

Bryant is accused of sexually assaulting a 19-year-old hotel employee from Eagle, Colo. Bryant claims the sex was consensual. His preliminary hearing, at which a judge will determine whether there will be a trial, is scheduled for Oct. 9.

According to the newspaper, NBA players (per league guidelines) face more media exposure than most other athletes. The Lakers still have not announced any special guidelines for the media's dealing with Bryant. Stern told the Times that the league would not impose restrictions on access to Bryant, but would instead rely on expectations of common sense and respect for privacy on legal matters.

"I think there's a difference between media access, which will remain complete, and what any particular player chooses to respond to," Stern said. "I can't imagine that it would be constructive or fair or even, in some ways, court-approved, if there were to be dialogue and questioning about the case. My guess is -- and it's only a guess from a distance -- is that it should be off-limits."

Bryant is expected to report for the start of training camp in Hawaii on Oct. 2.

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Someone needs to tell the left leaning Stern that the Patriot Act does not abolish the principle that a criminal suspect is presumed innocent, which is one of the fundamentals of Anglo-American law.

[LRB]

Hey, I'll give you 2 to 1 odds King David Stern would argue Kobe should be allowed to keep playing in the NBA even if he is convicted of Rape.

[EricaLubarsky]

Originally posted by: LRB
Hey, I'll give you 2 to 1 odds King David Stern would argue Kobe should be allowed to keep playing in the NBA even if he is convicted of Rape.

Id take that bet. I'd also bet on 4 to 1 odds that Stern would allow Kobe to play for "work release" from jail.

[Usually Lurkin]

Originally posted by: EricaLubarsky
Id take that bet. I'd also bet on 4 to 1 odds that Stern would allow Kobe to play for "work release" from jail.

And levy a hefty fine against anyone who disagrees.

[EricaLubarsky]

And levy a hefty fine against anyone who disagrees.

read "anyone" as "Mark Cuban"
[img]i/expressions/face-icon-small-happy.gif[/img]

[Chiwas]

Kobe could play for Denver...only home games.

[MavKikiNYC]

I stopped keeping a home scorecard long ago, but I thought this had been settled already, with the records being considered immaterial.

What's going on here?

Bryant's Attorneys to Receive 911 Records
By THE ASSOCIATED PRESS

Published: September 29, 2003


Filed at 11:51 p.m. ET

EAGLE, Colo. (AP) -- In a victory for Kobe Bryant's attorneys, a judge Monday ordered Vail police to turn over records of 911 calls made from the home of the woman who accused the NBA superstar of rape.

Judge Frederick Gannett said the records, from calls made earlier this year, must be turned over to Bryant's defense team but cannot be released to the public.

The Vail police department, which handles emergency calls for Eagle County authorities, had asked Gannett to throw out a defense subpoena for the records, saying releasing them would violate an order from another judge.

Gannett said he was not bound by another judge's decision rejecting a newspaper's request to see the 911 records. It is unknown exactly when the calls were made.

The defense has sought the medical records of Bryant's accuser, leading to speculation they will try to make her emotional stability an issue if the case goes to trial. The woman was treated at a Greeley hospital earlier this year for an unspecified mental health issue.

Gannett also said that to give attorneys time to appeal, he will decide Thursday on all unsettled legal questions -- including whether Bryant's accuser will testify at the Oct. 9 preliminary hearing and whether her medical records will be released.

``It's just a matter of trying to sit down and integrate it all into one response,'' Gannett said. ``They're all related.''

Bryant was charged with felony sexual assault after the woman said he raped her June 30 at the mountain resort where she worked and he was a guest. The Los Angeles Lakers' guard, who is free on $25,000 bond, has said the two had consensual sex.

The preliminary hearing will determine whether Bryant will stand trial.

The defense again asked Gannett to keep the public out of the courtroom during the hearing, saying Bryant's rights override the public's right to know.

``This is an extraordinary case with unprecedented risk that Mr. Bryant will be deprived of his right to a fair trial,'' defense attorneys Hal Haddon and Pamela Mackey wrote.

Prosecutors say there are sufficient safeguards in place so potential jurors will not get enough information to form opinions.

There were several other developments, including a filing by prosecutors seeking to keep many court records in the case sealed. Prosecutors said media organizations lacked grounds to file the appeal.

Gannett also said there is a possibility the hearing would have to be postponed, but that he hoped to avoid that.

Meanwhile, a judge in Los Angeles delayed arraignment Monday for a Swiss bodybuilder charged with offering to kill Bryant's accuser.

The proceeding was postponed to Oct. 6 after both sides said the defense had not yet received all evidence.

Patrick Graber, 31, was charged last week with solicitation of murder and solicitation to dissuade a witness. He could get almost 10 years in prison.

[Chiwas]

Hope the 911 calls records from Bryan's home also are available and considered. To be fair.

[MavKikiNYC]

Good point, Chiwas.

Given the proximity of the Bryant 911 calls to the event (or not) in question, they would seem to be even more relevant to Bryant's state of mind or whatever.

[LRB]

Any word yet it Kobe's barber will have his 911 calls made available? [img]i/expressions/face-icon-small-confused.gif[/img]