Surprise.....Civil suit filed against Kobe.....

[NYCdog]

Apparently she's getting cold feet about a criminal trial....Filing a civil suit would allow her to drop the criminal trial, thus virtually sparing Kobe jail time.

Another note about this......... with a civil suit, she is no longer protected by the rape sheild law.

Thus, all evidence of her past, as well as her identity, will become public.

So look for all sorts of gory details to spill out into the media soon after regarding this case and Kate Faber.

------------------------------------------
Lawyers ask for $75K in compensatory damages

Kobe accuser's lawyers launch attack vs. judge
Attorneys for the woman ...


Tuesday, August 10, 2004


Associated Press
DENVER -- The 20-year-old woman accusing Kobe Bryant of rape filed a federal civil lawsuit against the NBA star Tuesday, seeking unspecified damages for pain, suffering and "public scorn, hatred and ridicule."




The attorneys asked for a jury trial and compensatory damages of at least $75,000, with punitive damages to be determined later.


With the filing, the woman's attorneys backed up a threat they made a week ago. A criminal case requires a higher standard of proof to convict -- beyond a reasonable doubt -- and punishment can involve prison time. A civil case has a lower standard of proof -- a preponderance of evidence -- and punishment is usually a monetary award.


Bryant 25, has pleaded not guilty to felony sexual assault. He has said had consensual sex with the woman, then 19, at the Vail-area resort where she worked last summer. The Los Angeles Lakers star faces four years to life in prison or 20 years to life on probation, and a fine of up to $750,000 if convicted. Jury selection begins Aug. 27.


Bryant's defense attorney, Pamela Mackey, did not immediately return a message seeking comment and neither did the woman's attorneys, John Clune and L. Lin Wood. All attorneys in the case were reminded by the judge last week that a sweeping gag order is in place.


However, the woman's attorneys laid out generally the same case against Bryant as have Eagle County prosecutors: That Bryant attacked her in his room at the Cordillera resort, causing her emotional and physical problems that linger to this day.


"The conduct of defendant Bryant demonstrates willful, reckless and intentional criminal conduct and that entire want of care that raises a conscious indifference to consequences," the attorneys wrote.


Prosecution spokeswoman Krista Flannigan said the civil lawsuit changes nothing for prosecutors.


"We are still moving forward," she said. She declined comment when asked whether the civil case could complicate the effort to win a conviction.

[LRB]

This is no surprise with all the leaks about her identity by the judge and the judges refusal to stop posting documents on the internet where the links have occured 3 times in the past. She needs the money to protect herself from threats. Hope she gets every last dime of Shobe's money including the diamond on his wife's finger.

[Drbio]

There is big fat check signed by showbe behind all of this you can be sure.

[TripleDipping]

Not something we wouldn't expect out of a superstar's case.

Still leaves a bad taste in my mouth, nevertheless.

[sike]

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
kobe is playing next season just a mil or so lighter in the pocket.
what a skank.

[Male30Dan]

Originally posted by: sike
what a skank.

Dude, I dont know how necessary that is...

[sike]

Originally posted by: Male23Dan

Dude, I dont know how necessary that is...

sure.....chase the money instead of justice....I suppose its her right...but from what I hear (papers/radio) this is a very strange move for a rape victim...let the rapist go free for a little(actually a lot) money. how about this.....they both are skanks.

[LRB]

Originally posted by: sike

sure.....chase the money instead of justice....I suppose its her right...but from what I hear (papers/radio) this is a very strange move for a rape victim...let the rapist go free for a little(actually a lot) money. how about this.....they both are skanks.

Sike, her physical safety was in danger that's why she needs the money to buy protection. Unfortunately the Judge's office kept "accidentally" releasing confidential information on her via the internet. Despite "accidentally" doing this 3 times, the judge refused to stop posting documents on the internet. I would find it hard to believe that Kobe wasn't bribing someone to make these accidents. With the judges office releasing confidential information that damaged her case and she and her lawyers and the DA being under a gag order unable to respond, the criminal case became a lost cause. It also allowed sicko fans to get her name and be able to make threats against her personally. It is extemely sad that the judge refused to insure that the rape shield laws were upheld. It seems that rich celebrities like Kobe have more rights that ordinary citizens.

[sturm und drang]

With it becoming increasingly obvious each day that the criminal case is going nowhere, a civil suit is the only remaining option to achieve some vestige of justice. Also, in a civil suit they can force Kobe to testify – something that wasn't going to happen in the criminal case.

Calling the accuser a "skank" is sickening. You know, there's a reason experts estimate that less than 25% of all rapes get reported. I think you've just reminded us all why it takes such courage to come forward.

[u2sarajevo]

I am not shocked at all. I think it was becoming increasingly obvious to everyone that Kobe's law team had already produced enough reasonable doubt in the public already. I don't know why anyone ever bothers prosecuting rich celebrities anyway. They always win.

I think our judicial system works "most" of the time. But I question whether or not it works in the case of a high-profile celeb.

[Male30Dan]

She hasnt yet dropped her criminal case solely for the civil case; however, if she does, maybe I can agree with you!!! As of now, she is trying to put Showbe behind bars and put a few pennies, (billion of em or so), in her pocket!

[sike]

she will not win the criminal case now. (experts agree the DA'a chances of winning [which were rather small] have just taken a great hit)
she has sacrificed justice for cash.
don't ever sacrifice justice!
is it her choice? sure....is she proving her skank status? yup.

[Male30Dan]

Well, I dont know that anyone really knows whether or not she will win, (despite their EXPERT tag).

With that said, yeah I think she hurt her chances with this due to her having a reason to lie - financial gain...

[jayC]

I thought they dropped the rape shield law regardless of the civil suit. I heard that Kobe groped some waitress at Shaq's house in Orlando.

[gruppy]

Am I missing something, but couldn't she file the civil case against Kobe after criminal case was finished. Wasn't it the way prosecution did against O.J.?

[DubOverdose]

Wouldn't it be funny if all of Kobe's new contract went to home girl?

[LRB]

Originally posted by: DubOverdose
Wouldn't it be funny if all of Kobe's new contract went to home girl?

Funny as in ha ha, no. Funny as in ironic justice, definitely.

[Drbio]

Sikey my friend...I have to agree with S&D and mary here. It takes ENORMOUS amounts of courage and thick skin to come forward. I think her of more as a hero than anything else. Certainly skank is out of line.

[Male30Dan]

Shame on you sike... Shame on you indeed!!!

[sike]

Originally posted by: Male23Dan
Shame on you sike... Shame on you indeed!!!

well said dan. well said indeed!!!

maybe I've gotten a totally wrong picture of this young woman...maybe, as doc says, she is a hero...maybe, as Mary says, she is just seeking justice anyway she can...maybe, as I say, she is a victim...maybe, as you all say, I am totally out of line....I will say this though, I predicted this from day one. I knew this would not go away without a civil case seeking millions in reparations. Maybe their is nothing wrong with that...maybe their is everything right with that....but I hate the idea of Kobe walking free if he is guilty...I also hate the idea of this young woman (dispite her seemingly questional moral fiber) taking money and thinking she has received justice. the message is simple...get raped by a millionaire take him for a few million and get over it....THIS IS NOT JUSTICE.

i do apologize for the "skank" comment, I did not mean to minamize this young woman's stature as the victim.

[Male30Dan]

Originally posted by: sike

well said dan. well said indeed!!!

Sarcastic little alien you! [img]i/expressions/face-icon-small-wink.gif[/img]

I knew this would not go away without a civil case seeking millions in reparations.

Actually it is for just over 700,000

[LRB]

Sike, ideally Kobe's fame and millions wouldn't shield him from being justly tried as it apparently has. It's a flaw in our system and one not eaisly corrected.

Ideally in my mind Kobe would be given a just trial. If he was found guilty he would serve at least the next 20 years behind bars. If found guilty, then he'd be free to go.

If he was guilty, I'd love to see him stripped of all his money and put into a victims fund to benefit all victims of rape and other violent crimes. Maybe the victim will donate the excess money that she doesn't need for medical treatments and protection to a charity that does this. I don't expect this, but it would be the correct move IMO. But I still don't necessarily blame her if she keeps the money. It must be an awful feeling to have been violated with a crime like rape and then essentially be raped again by the system in the way it's treated her. Now she finds out that criminal justice is denied to her essentially because Kobe is a rich and famous. That's horrible.

Of course there is the possibility that she's lying and making this all up, but I think that it is incredibly small compared to the possibility that Kobe did indeed rape her.

[Epitome22]

I think Kobe's defense has put forth more than enough reasonable doubt that speaking of him as a criminal off-hand is unjust. I was originally behind this woman, but the newer evidence has led me to seriously doubt or question her believability. The sole remaining factor that kept me on the fence was the fact that she did not opt for civil suit, and instead pressed charges against him. Well it looks like the cash was on her mind.


Free Kobe from this burdensome trial and leave this skank to her own devices. If only there was a way to sue or press charges for false accusal.

[LRB]

Originally posted by: Epitome22
I think Kobe's defense has put forth more than enough reasonable doubt that speaking of him as a criminal off-hand is unjust. I was originally behind this woman, but the newer evidence has led me to seriously doubt or question her believability. The sole remaining factor that kept me on the fence was the fact that she did not opt for civil suit, and instead pressed charges against him. Well it looks like the cash was on her mind.


Free Kobe from this burdensome trial and leave this skank to her own devices. If only there was a way to sue or press charges for false accusal.

Somehow this doesn't surprise me at all Epitome. You seem like the type who would be against rape victims rights. Of course reasonable doubt only means that a jury can't convict, it hardly proves Kobe innocent. Add to the fact that the "leaked" evidence has been in Kobe's favor but the victim, her lawyers, and the prosecution are under gag order to reply to it. So you're just hearing one side.

Now she only goes to civil suit after being severely abused by the court which "accidentally" leaked personal and confidential information to the public on 3 seperate occasions.

Make no mistake, Kobe if he gets off will do so because of his wealth and fame, even if by some chance he's innocent, which he's not. It's possible that he may not have raped the girl, but in no way is Kobe innocent. At the very least he's an adulter.

But even if falsely accused Kobe has the money to take care of and protect himself. His accuser does not. What we will see if this criminal trial goes forth is the accuser and not the accused being put on trial. In fact that is already what's happened. Fortunately for Kobe there are a lot of sexist bigots who always look for any excuse to blame the woman. Thanks Epitome for keeping the dream true to form. [img]i/expressions/face-icon-small-disgusted.gif[/img]

[LRB]

Originally posted by: Epitome22
I think Kobe's defense has put forth more than enough reasonable doubt that speaking of him as a criminal off-hand is unjust. I was originally behind this woman, but the newer evidence has led me to seriously doubt or question her believability. The sole remaining factor that kept me on the fence was the fact that she did not opt for civil suit, and instead pressed charges against him. Well it looks like the cash was on her mind.


Free Kobe from this burdensome trial and leave this skank to her own devices. If only there was a way to sue or press charges for false accusal.

Let's revisit your original post in this thread since you have IMO introduced so many restatements of your original post to be very confusing.

1) you pronounce that you've judged Kobe to be innnocent.
2) you've announced that you doubt the woman's credibility.
3) you've judged that the woman only had cash on her mind.
4) you've judged that Kobe needs to be free from this "burdensome trial", and are therefore declaring that you do not want to see the justice process work where Kobe is judged guilty or innocent by a jury based on legally presented evidence. You through rumors, innuendos, and half truths are fully confident that this is uneeded.
5) you call the victim a skank, a particularly vial and degrading term. Later posts you state that you base this on the rumors that she slept with every Bball player she could.
6) you state that the girl, the alledged rape victim is the one who should have charges brought against her while Kobe is let go.

You're pathetic. Sorry I have no respect at all for people who respect women so little. you want Kobe treated as innocent until proven guilty. Hell you want him treated as innocent and not even have a chance to be proven guilty. And yet you treat the women as guilty without having any chance to rebutt the accusations leveled against her.

[Drbio]

Epitome- calling this woman a skank exposes you as a jackass for the reasons listed above.



To set the civil parameters straight, according to ESPN, the civil suit seeks compensatory damages of no more than $75K and asks for punitive damages related to pain and suffering, public scorn, etc.

[Epitome22]

Originally posted by: Drbio
Epitome- calling this woman a skank exposes you as a jackass for the reasons listed above.

She is/was a skank whether she was raped or not. In fact the prosecution must be thinking that if she had made even a few conscientious objections to sitting on every penis that was presented to her, their case would have been a whole lot smoother. I feel sorry for REAL rape victims and the effect this trial will have on their future endeavors to bring perpetrators to justice.

[mary]

Edit: Forget it, you're not worth it.

[Nash13]

People are saying the accuser is lying, but NOT because of any evidence related to the incident itself; rather, they're looking at smear tactics used by the defense concerning this girl's prior sexual exploits and thinking the worst of her because she had a promiscuous past.

I don't think Kobe did it, but not b/c of the girls sexual past. It's not fair to use that fact when there's plenty other ones out there. For one, athletes, especially NBA players, are the most vulnerable people in the world when it comes to sex. So if someone wanted to set him up, it wouldn't be the hardest thing in the world to do. And i also take into consideration that Kobe is a tall, good looking young man who makes 12mil a year who has a wife, so i look at it like why does Kobe need to rape the girl unless he's just a sick individual? And i also take into consideration the evidence that the defense has that claims she had sex not too long after being raped. Even though i'm a guy, i try to put myself in her situation. So if i'm her and i got raped, the last thing i would even think about is having sex, especially if i had vaginal tearings.

[chumdawg]

Can someone who knows please answer this question for me:

How common are the Colorado "rape shield" laws? Nationwide, are there more states that allow an examination of the accuser's behavioral patterns, or more that don't?

Further, is the prosecution generally allowed to bring the accused's behavioral patterns into court, or not?

[LRB]

Originally posted by: Nash13

I don't think Kobe did it, but not b/c of the girls sexual past. It's not fair to use that fact when there's plenty other ones out there. For one, athletes, especially NBA players, are the most vulnerable people in the world when it comes to sex. So if someone wanted to set him up, it wouldn't be the hardest thing in the world to do. And i also take into consideration that Kobe is a tall, good looking young man who makes 12mil a year who has a wife, so i look at it like why does Kobe need to rape the girl unless he's just a sick individual? And i also take into consideration the evidence that the defense has that claims she had sex not too long after being raped. Even though i'm a guy, i try to put myself in her situation. So if i'm her and i got raped, the last thing i would even think about is having sex, especially if i had vaginal tearings.

1st of all rape is not about the sex, it's about the power. Anyone who rapes is extremely messed up period. Of course we know that Kobe really doesn't like power. It's not like he orchestrated shaq leaving the Lakers or anything. It's not like he orchestrated getting his boss, Phil Jackson, fired or anything. It's not like he demanded a large say in personnel moves inorder to resign with the Lakers or anything. Does this mean that Kobe raped the girl? Not by itself, but it certainly shows that he has a predilection for power.

And just because the defense says so, BTW which violates the gag order and rape shield laws, does not mean that the girl did have sex after she was supposedly raped by Kobe. In fact there is a great deal of proof in what has been released that shows that she did not have sex after her experience with Kobe. And even if she did, that is still not definitive proof. You site that you can't see someone doing that. And how many hundreds of rape victims have you encountered? Probably like most people who have only known a handful at best. So you need to rely on a study to be very accurate. Studies also show that it almost never happens that a woman falsely accuses a man of rape. Especially in high profile cases like this one because of the accusations people will level against her.

It seems that everyone is quick to jump on the smear campaign of innuendo that Kobe is conducting against this girl. He's definitely putting her on trial. Why, because his only defense is to try and make her look worse than him, and he looks pretty damn bad. In other words Kobe is incapbable of keeping from being proven guilty with out a smear campaign against this girl.

How would you feel if some rich dude beat the crap out of you and then said that you did the injuries to yourself just to get money. Proof would be that you suppossedly played Bball after the beating because you wore basketball shorts with sweat on them to the emergency room. Maybe you just got beatup playing ball. After all rich people are always targeted by dishonest lazy and worseless trash like yourself.

[LRB]

Bryant judge faces decision, criticism

DENVER, Colorado (AP) -- Pressure is mounting on the judge overseeing Kobe Bryant's sexual assault case, with prosecutors citing courthouse gaffes as a reason for seeking the indefinite delay of the NBA star's criminal trial and the father of his accuser blasting the bench for bias against the prosecution.

Prosecutors requested the delay even as they made moves to appeal a key ruling in the case, arguing to the Colorado Supreme Court that the accuser's sexual activities should not be admitted as evidence. If accepted, the appeal could delay the trial for weeks.

The legal moves came as the father of Bryant's accuser wrote a blistering letter to District Judge Terry Ruckriegle saying his family had "lost trust that we can obtain a fair trial in your court."

"It has been painfully obvious that you treat the defense as if they can do no wrong and the prosecution and my daughter's attorney as if you have something against them or this case," he wrote in a letter filed with the court on Monday and posted on the Web sites of the Vail Daily and KUSA-TV on Wednesday.

Bryant 25, has pleaded not guilty to felony sexual assault. He has said he had consensual sex with the woman, then 19, at the Vail-area resort where she worked last summer. Jury selection is scheduled to begin August 27.

Experts said it was unlikely Ruckriegle will agree to a delay at such late notice. Nearly 1,000 residents have been mailed jury summonses, witnesses have been scheduled to testify, and the judge and attorneys have cleared their calendars for September, said Craig Silverman, a former prosecutor.

"It is an incredible logistical task to reschedule all of this," he said. "What will happen is once the continuance is denied, I would not be surprised if the prosecution throws up its hands and says `Well, then, we cannot proceed."'

The request for delay, the high court appeal and the letter could indicate the victim is planning to abandon the criminal trial, legal experts speculated Wednesday.

"It seems to be part of this well-orchestrated exit strategy from this fatally flawed criminal case," Silverman said.

In a court filing made public Wednesday, prosecutor Dana Easter said the recent release of closed-door testimony hurt the chances of getting a fair jury. She also said the judge has not yet decided whether the woman's mental health and medical history will be admitted as evidence, leaving prosecutors in limbo on whether to hire more expert witnesses. Easter also accused defense experts of waiting too long to turn over DNA test results.

Easter singled out transcripts from a June hearing that were mistakenly e-mailed to seven news organizations, including The Associated Press. The media outlets won a court fight with the judge to publish the details, including a defense expert's explanation on why she believes the accuser had sex with someone after her encounter with Bryant and before she was examined at a hospital -- a claim the woman's attorney has denied.

The widely publicized allegation was "extremely harmful" to the prosecution's case, Easter said, and Ruckriegle's strict gag order has prevented prosecutors from responding.

"The release of this information 28 days prior to trial will have the effect of tainting the jury pool and impact the ability of the prosecution to obtain a fair jury at this time," Easter wrote.

Prosecutors filed their request for a delay on Tuesday, the same day attorneys for the accuser filed a civil lawsuit against Bryant in federal court in Denver seeking compensatory damages of at least $75,000 and unspecified punitive damages.

Attorneys for the accuser and Bryant did not return messages. Prosecution spokeswoman Krista Flannigan declined to elaborate on the filing, but said a trial was still planned.

"We are still moving forward; nothing has changed," she said.

Prosecutors' appeal to the state Supreme Court challenges Ruckriegle's decision to allow details from the accuser's sex life in the three days before her hospital exam to be introduced as evidence. That decision is expected to allow the defense to argue she had sex with someone after Bryant but before the exam. The woman's attorney has denied that claim.

[binbin]

Originally posted by: LRB1st of all rape is not about the sex, it's about the power.

lrb, is that a verified scientific fact, proposed academic hypothesis, or a social/political conjecture?

Studies also show that it almost never happens that a woman falsely accuses a man of rape.

would you please provide some academic reference about that, if it is convenient for you?

thanks.

[LRB]

Originally posted by: binbin

lrb, is that a verified scientific fact, proposed academic hypothesis, or a social/political conjecture?

would you please provide some academic reference about that, if it is convenient for you?

thanks.

binbin rape being about power versus sex is a fairly well established and documented conclusion by profilers, people who study the pyschology of rapists. Information gathered from case studies and interviews with convicted rapists. It also makes since. Most people can buy sex, prostitutes or just use their hand.

As far as the figures on false accusations on rape, my come from watching documentaries on Court TV and the Discovery channel as well as experts on network and cable news. I've also had conversations with former DA's, law enforcement officers, and court psychologists. While there is not complete agreement among the experts, the vast majority place it at a very low number.

I'm booked up without time to do a lot of research until at lest the weekend, but a Google search on Rape and false accusations would probably be a good start. The FBI web site might also have some reports, www.fbi.gov.

[mary]

By the way, the above post isn't meant to be a joke. There's nothing more disgusting to me than some of the unfortunate comments that have been made in this thread. I've considered several responses and have even gone through the trouble of typing a few out....but in the end I'm just going to trust that anyone that would publicly degrade a potential rape victim with such enthusiasm will eventually meet up with the bad karma he so richly deserves.

[ChickenLittle]

She couldn't win in court so she's filing a suit so she can get her money easier.

[mapape]

I aggree with ChickenLittle for sure.

[madape]

mapape?????

[EricaLubarsky]

whats with all the spinoffs?

[mavsman55]

Originally posted by: madape
mapape?????

Dang man that sucks. Make him at least change his avatar.