kobe's request to miss trial denied by judge - Dallas-Mavs.com Forums

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.

Chiwas · 08-01-2003, 11:06 AM

Quote:

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.

Who said so, she?

signoftimes · 08-01-2003, 02:01 PM

Kobe's defense team just found their Mark Furman

Echoes of O.J.?
Investigator in Kobe Bryant Case Was Named in Earlier Racial Profiling Suit

Aug. 1— One of the key investigators in the Kobe Bryant rape case was also a key figure when the Eagle County, Colo., sheriff's office was successfully sued for racial profiling.

Bryant is charged with sexual assault for allegedly raping a 19-year-old woman. She worked at a lodge where he was staying when he was in Colorado for knee surgery in late June.

The Los Angeles Lakers guard, who is married and has an infant daughter, has admitted committing adultery with the woman but insisted the sex was consensual. He will be formally advised of the charges against him on Aug. 6 and is free on $25,000 bond.

The revelation that one of the lead investigators in the case was also a key figure in a racial profiling case could provide the defense with an argument that the investigation of Bryant, a prominent black athlete, was carried out unfairly, as the defense argued in the trial of O.J. Simpson.

"I think it's explosive evidence and I'm shocked that in fact the authorities in Eagle County had this individual and these people involved in this case," said ABCNEWS legal contributor Kimberly Guilfoyle Newsom, a former prosecutor. "This is shades of Mark Fuhrman and the O.J. Simpson case."

"If that investigator and the people involved in the profiling, they will be cross examined about it and it will be brought out in front of the jury, they saw them in the beginning trying to assert this was a racially biased case," she said today on ABCNEWS' Good Morning America. "Just the hint of it is damaging to the prosecution."

The Eagle County sheriff's office was successfully sued in 1995 for racial profiling of African-American and Hispanic motorists passing through the county on Interstate 70. There were 400 claims of profiling, and the department eventually paid $800,000 in the settlement.

Defense attorneys could use this to argue for change of venue or as part of their defense, wherever the trial is held, though legal analyst Craig Silverman said that Bryant's attorneys may be reluctant to hit the issue too strongly, for fear of alienating the jury pool.

Sources familiar with the prosecution also confirmed to ABCNEWS that the district attorney is aware that there were no witnesses of any kind to the alleged sexual assault on June 30 at the Lodge and Spa at Cordillera. There were previous reports in the media that some hotel guests may have heard a struggle.

The Los Angeles Lakers guard learned Thursday that he will have to appear in a Colorado courtroom next week to hear the felony sexual assault charge filed against him.

Bryant's Denver-based lawyers had asked that he be allowed to skip his appearance, arguing that taxpayer money would be saved because it would reduce the need for security in the high-profile case.

An Eagle County judge denied the request hours after the request was filed.

"It's vital for him. It's vital for us. It's where the process begins," Judge Fred Gannett told ABC affiliate KMGH.

A Public Need to Know?

Meanwhile, lawyers for the media continue to argue that Gannett unseal documents related to the case, including an arrest report that would provide more details about what happened on June 30, the night of the alleged attack.

Media lawyers argued that Bryant waived his right to privacy when he declared his innocence at a news conference in Los Angeles.

"The public has a need to know what the government is up to," said Chris Beal, an attorney representing the media.

Prosecutors and defense lawyers have argued that the case records should be withheld because publicity could undermine Bryant's right to a fair trial.

"There's no great public safety concern in this case. It's strictly for entertainment, tabloid news. Oh my God, a superstar charged with a horrible crime," said Greg Crittendon, the deputy district attorney for Eagle County.

Gannett said he wouldn't rule on the records issue before Aug. 6, Bryant's next court appearance.

ABCNEWS affiliate KMGH in Denver contributed to this report.

MavKikiNYC · 08-02-2003, 07:57 AM

Wonder what this is about?

NBA Notes
Kobe made 911 call from his home
Wire Reports

Kobe Bryant called 911 the day before he surrendered to police on a sexual-assault accusation and medics later treated a female at his home, officials said Friday.

The Los Angeles Lakers star hung up the phone without talking, but a dispatcher called back, speaking to three people, including Bryant, before sending police and paramedics. Medics arrived at 12:40 a.m. on July 3 and stayed 23 minutes at Bryant's Newport Beach, Calif., home.

Bryant made the call the day before he returned to Colorado to surrender to police after being accused of sexually assaulting a woman at an exclusive spa. He is free on $25,000 bail.

Shortly after Bryant called 911, medics treated a female at the house but did not need to take her to the hospital, said Vickie Cleary, emergency-services manager for the Newport Beach Fire Department.

No further details were immediately available, and it was unclear whether the medics treated a woman or child. Bryant and his wife, Vanessa, had a baby girl in January.

Paramedics were summoned to the house for a similar medical emergency March 5, Cleary said. During that incident, paramedics took a woman to the hospital after evaluating and treating her at the home.

Chiwas · 08-02-2003, 10:48 AM

Beaten up's come to my mind.

MavKikiNYC · 08-02-2003, 11:11 AM

Too cryptic a report to be sure.

"...treated a female..." for what?

At least the other side is getting some licks in though.

MavsFanFinley · 08-02-2003, 11:12 AM

How many women does he have living there? Twice, a woman has been treated after 911 calls were made?

MavKikiNYC · 08-02-2003, 11:16 AM

Nannies. Maids.

Odd timing though.

Chiwas · 08-03-2003, 11:19 AM

One punching bag wife.