bryant tried to block the hotel room door

[superheadcat]

msnbc just reported that kobe tried to block the door of his hotel room at time of the incident.

"totally consensual"?

[madape]

totally rape

[Chiwas]

totally without-sensual

[Mavs_Rule2003]

Anybody knows which channel they will show live todays drama?

[TripleDipping]

Originally posted by: Mavs_Rule2003
Anybody knows which channel they will show live todays drama?

CNN, ESPN, FOX, MSNBC... take your pick. I bet it'll be replayed over and over and over again the rest of the night.

[AnMan21]

Originally posted by: TripleDipping

CNN, ESPN, FOX, MSNBC... take your pick. I bet it'll be replayed over and over and over again the rest of the night.

Does anyone else find it ridiculous that this ten minute hearing is going to be on well near every tv station and will be replayed all night on the news? Surely there are more worthwhile news events!

[Drbio]

Portrait of a Rapist?






If you are wondering why the prosecution did not charge kobe for false imprisonment, it is probably due to them not wanting the jury to be able to pick a guilty on a lesser charge and then acquit him on the bigger charge. Brilliant strategy if that is actually the case.

[MavKikiNYC]

Originally posted by: Chiwas
totally without-sensual

Would that be sin-sensual?

[u2sarajevo]

Originally posted by: MavKikiNYC

Would that be sin-sensual?

.....or sans-sensual?

[Dirk41= konsesjonen]

Yeah, Kobe is a rapist.


Oh wait, the trial hasn't been held yet.

[Dallas_Star]

Originally posted by: Drbio


Portrait of a Rapist?






If you are wondering why the prosecution did not charge kobe for false imprisonment, it is probably due to them not wanting the jury to be able to pick a guilty on a lesser charge and then acquit him on the bigger charge. Brilliant strategy if that is actually the case.

Not exactly brilliant strategy if he is acquitted on the major charge and he is convicted of nothing, if he committed any crime.

[Chiwas]

Originally posted by: MavKikiNYC

Would that be sin-sensual?

This one works in spanish and in english. (sin = without)

[mavsfanforever]

Originally posted by: madape
totally rape

RAPE RAPE RAPE RAPE. No other reason. RAPE RAPE.

[Drbio]

Dallas Star- nothing prevents them from charging him with that later on although it would be mind boggling stupid to do so.

[FishForLunch]

Is there not a gag order in this case how is that the prosecution is leaking all this stuff. Kobe is screwed, by the rape shield laws. I dont want to be crude, but I heard that the victim/accuser did not like to have a..l sex so she protested but Kobe would not stop.

[veruca salt]

Originally posted by: FishForLunch
. I dont want to be crude, but I heard that the victim/accuser did not like to have a..l sex so she protested but Kobe would not stop.

...Which would be rape...
BUT most of that stuff is just rumours and speculation though, I'm totally sick of it...on both sides. I sincerely doubt
information like that was leaked from anywhere...more likely made up by some people who thought they were hilarious.

[Dirk41= konsesjonen]

Originally posted by: veruca salt

...Which would be rape...
BUT most of that stuff is just rumours and speculation though, I'm totally sick of it...on both sides. I sincerely doubt
information like that was leaked from anywhere...more likely made up by some people who thought they were hilarious.

I agree entirely Veruca

[Drbio]

Veruca is totally correct. The only ones who actually know what happened are Kobe and the poor young lady. Even the DA and the defense attorneys are only getting one side of a story. Many of the facts will be made very public in the near future. The next hearing is in October. I think it's a hearing for motions and evidentiary rulings (our lawyers chime in please). Until then, all we are going to likely get is rumor and speculation.

[OutletPass]

Absolutely correct, Veruca and Doc.

Yes... the charge can be added....yes, it's all rumor and speculation...yes, no one was in the room with them...yes, we should just wait for the trial and yes...the October hearing is a "preliminary hearing"....basically to see if the DA has enough "admissible evidence" to warrant putting it to a jury to decide.

Prelims like this are usually pretty simple...the DA's office doesn't have to "Prove" their case....they just have to show the Judge that they have "enough" to bring the question to a jury. I'm sure that it will be hard fought, but I'd fall over dead in my tracks if the Judge didn't send it to a jury...

One point that people may not be aware of is this: Under law, the DA's office has the duty to disclose any evidence that they may have that might tend to show that Kobe is innocent. And it's an important thing....follow along with me for a minute....

If it was discovered that the Prosecutor "hid" evidence favorable to Kobe...and didn't disclose it to the defense...the whole case could get kicked...or overturned after a conviction. Having said that, I will tell you that this "duty to disclose" has been very, very abused in the past. I can go rhyme and verse on many cases in the law books where the Prosecutor did not disclose....and the case was overturned or kicked. The case law is just full of this stuff. That's how some innocent people get convicted.

It's gotten much better over the years...it USED TO BE a REAL PROBLEM...

With the case being this high profile, I can't imagine that the Prosecutor IN THIS CASE would risk it...

All said, you can expect all sorts of motions in this case...change of venue, admissibility of evidence, etc. That part of it just depends on what the defense wants to do with this. Also, remember that when a Motion is filed and denied, that sets up a ground for an appeal. For example, kobe can file for a change of venue... alleging that he can't get a fair trial in such a small town...where, seemingly, everyone knows the victim. If the Judge denies it, the appellate courts can look back at that issue...and decide for themselves whether the judge committed "reversible error" or not.

So.... the more motions ...the more there is for the appellate court to review (assuming a conviction)

What happens from here until the actual trial is really up to the defense and the strategy that they intend to use in the case.
-----------------------------------------------------------------------------------------------------------------------------------

Edit: When I read a post that says "I heard that she..."

It makes me want to puke. If you didn't hear it directly from the woman or from kobe with your own ears...DON"T POST IT. What umitigated crap ! Do you not realize that YOU ARE PART OF THE PROBLEM , FISHFORLUNCH ? Fact is...you don't know a damn thing !

[Jeremiah]

Originally posted by: OutletPass

One point that people may not be aware of is this: Under law, the DA's office has the duty to disclose any evidence that they may have that might tend to show that Kobe is innocent. And it's an important thing....follow along with me for a minute....

If it was discovered that the Prosecutor "hid" evidence favorable to Kobe...and didn't disclose it to the defense...the whole case could get kicked...or overturned after a conviction. Having said that, I will tell you that this "duty to disclose" has been very, very abused in the past. I can go rhyme and verse on many cases in the law books where the Prosecutor did not disclose....and the case was overturned or kicked. The case law is just full of this stuff. That's how some innocent people get convicted.

It's gotten much better over the years...it USED TO BE a REAL PROBLEM...

With the case being this high profile, I can't imagine that the Prosecutor IN THIS CASE would risk it...

One other thing to add, (first, I'm not a lawyer, but have worked as a criminal investigator, the role of Perry Mason's sidekick) sometimes the disclosing of such evidence won't occur until the last moment: at an evidentiary trial. Also, depending upon the laws of Colorado, either side might or might not have to turn over ALL documents that they collect. In some jurisdictions, like DC or NY, it is not a requirement that evidence collected by one side be turned over to the other side, unless exculpatory(what OP was talking about above). In jufisdictions like these, it is not uncommon for either side to hide witnesses, or advise that talking to the other side is not in their best interest. In jurisdictions like CA, this does not apply, because both sides must turn over their collected evidence to the other side. Which situation CO falls under, I don't know. This isn't pertinent to know, I thought it might be interesting for those that didn't know, though.

[Drbio]

Because of the high profile nature of this case, I seriously doubt that the prosecutor would have proceeded without feeling that he has a very solid case. He had ample time to consider the "facts" as he knows them and make a determination on the likelihood of success. As OP said earlier...."I'd fall over dead in my tracks if the Judge didn't send it to a jury..."

[OutletPass]

Excellent add, Jeremiah...and quite correct.

The so called "surprise witness"...most often jumps into the case in the rebuttal phase...but there's nothing preventing it in the main presentation by either side...."expect the unexpected"

When people look at trials, they tend to think that they're pretty free form, but actually the vast majority are pretty highly structured...many things have been agreed on, both sides have pretty good knowledge of the evidence that the other side is going to present...things like that. But that is just a blanket type of statement...pertaining to most "run of the mill cases"...

And this one doesn't fall in that category.

Props to you for your post, Jeremiah.

Doc. I have a very strong suspicion as to what "card" the DA's holding...but since it's just MY SUSPICION ONLY, based on 28 years experience as a prosecutor and trial lawyer, I won't go into it on the board publicly...like I said, it's MY SUSPICION ONLY.

I'll reiterate what I just said a few minutes ago....

When I read a post that says "I heard that she..."

It makes me want to puke. If you didn't hear it directly from the woman or from kobe with your own ears...DON"T POST IT.

[veruca salt]

I like hearing the legal side of this stuff (well, that is the stuff I don't already know from too much Law & Order & The
Practice [img]i/expressions/face-icon-small-wink.gif[/img]). Keep it coming Dal-Mavs Law Firm.....hey, that's not a totally bad idea! [img]i/expressions/face-icon-small-happy.gif[/img]

[MavKikiNYC]

Never let it be said that Kobe doesn't break down and play defense.

[Murphy3]

well, I sincerely doubt that this would have gone on this long without significant evidence.. it's not like it's mike tyson that's charged, it is kobe bryant...a well spoken man with a sparkling image.