Prosecutors DISMISSED Kobe Case

[CrimsonTide4]

Judge Orders Rape Trial for Kobe Bryant
1 hour, 33 minutes ago

By JON SARCHE, Associated Press Writer

EAGLE, Colo. - NBA star Kobe Bryant must stand trial on a charge of sexually assaulting a 19-year-old resort worker, a judge ruled Monday, clearing the way for a celebrity trial the likes of which hasn't been seen since O.J. Simpson.


AP Photo


AFP
Slideshow: Kobe Bryant




Eagle County Judge Frederick Gannett chided prosecutors for presenting "a minimal amount of evidence," but said it was enough to order the trial.


The Los Angeles Lakers (news) guard could face a life sentence if convicted. His next appearance, in district court, is set for Nov. 10.


Bryant, 25, has said the sex was consensual. His attorneys suggested the woman's injuries came during sex with other men in the days before her June 30 encounter with Bryant at a posh resort in nearby Edwards.


The defense can appeal Gannett's ruling, but such appeals are rare, legal experts said.


At Bryant's first appearance in state district court he will be advised of his rights, the charge and the possible penalties. He could enter a plea during that hearing.


Unless Bryant waives his right to a speedy trial, the trial would be scheduled within six months of his plea.


Prosecutors in Colorado almost always succeed in persuading a judge to order a trial after a preliminary hearing because the standard of proof required is relatively low. Allegations are usually enough to advance the case to a higher court for trial, where the standard of proof is much higher.


Gannett said that although prosecutors presented "a minimal amount of evidence," what they did show suggested "submission and force." The evidence included photographs of the woman's injuries, as well as blood on her underwear and on Bryant's T-shirt.


District Attorney Mark Hurlbert said he was "pleased" by the decision, "although we had confidence all along in the case."


Bryant's attorneys issued a statement saying that although they knew their chances of getting a dismissal had been slim, "the prosecution's case simply had to be tested."


"The standard at trial is a far higher burden: proof beyond a reasonable doubt. When this case is tested by that standard, Kobe Bryant will be found innocent," Pamela Mackey and co-counsel Hal Haddon said in a written statement.


At the Lakers' El Segundo, Calif., practice facility, Bryant was asked before the ruling how much anxiety he was feeling. "Basketball, zero anxiety. Other stuff, a little anxiety," he said.


"But now I just pretty much, you know, give it up. I've pretty much done all I can. Now I'll let God carry me the rest of the way. I feel comfortable with that," he said.


John Clune, the lawyer representing Bryant's accuser, declined comment.


Gannett's comments on the evidence indicate he had questions about the prosecution's case, legal analysts said.


Judges normally don't issue written rulings after preliminary hearings, and the fact that Gannett wrote his suggests the case is fraught with difficulties, said Scott Robinson, a Denver defense attorney.





"The reality is that unless there is significantly more substantial evidence available at trial, and a suitable explanation for some of the puzzling physical evidence which surfaced last week, a conviction looks like a completely unlikely scenario," Robinson said.

Bryant's preliminary hearing lasted nearly two days and included graphic testimony about an encounter prosecutors say turned violent after flirting by both Bryant and his accuser.

Sheriff's Detective Doug Winters testified the woman went to Bryant's room at the Lodge & Spa at Cordillera shortly after checking in him and his two bodyguards.

The two chatted and began kissing. But a few minutes later, Bryant grabbed the woman by the throat, bent her over a chair and raped her, asking her several times not to tell anybody, Winters testified.

She told Bryant "no" at least twice, and he stopped only after she pulled his hand off her neck, Winters said.

The woman was left with vaginal tears consistent with assault and her blood was found on Bryant's shirt, Winters said.

But he acknowledged under cross-examination by Mackey that the woman had sex with another man shortly before her encounter with Bryant. She also didn't tell Winters initially that she had said "no."

The defense argued that semen and pubic hair found in the woman's underwear that weren't from Bryant prove he is innocent of rape — an argument ridiculed by prosecutor Greg Crittenden. He said the evidence of rape was "uncontradicted."

A trial could attract the kind of attention that surrounded Simpson's 1995 case, when he was acquitted of killing ex-wife Nicole Brown Simpson and her friend Ronald Goldman after a nationally televised trial. A civil jury later found him liable.

At Bryant's trial, any discussion of the woman's sexual history could be limited by Colorado's rape shield law, unless Bryant's attorneys successfully argue the evidence fits into one of the few exceptions.

Prosecutors, however, must convince a jury that a woman flattered by Bryant's attention had no intention of having sex with him as they kissed. Winters acknowledged she told him she expected Bryant to "put a move" on her when she accepted the invitation to his room.

Hurlbert has said he held back some evidence, knowing a preliminary hearing requires a judge to look at the evidence in a way that is most favorable to prosecutors.

[AKA2D '91]

I was kind of when I heard this.

[CrimsonTide4]

Selfish Kobe should just go away
By Mike Greenberg
Special to Page 2


Is it me, or has Kobe Bryant completely lost his mind?


At this point, the damage he is doing to his image is so great that no lawyer will be able to defend him in the court of public opinion. Johnny Cochran would have to find a rhyme for "megalomaniacal." Clarence Darrow would consider him a lost cause.


Listen, I don't know what happened in that hotel room any more than you do. Frankly, I don't expect we will ever find out. I have absolutely zero confidence in the American criminal-justice system when the defendant is a celebrity. I think it highly possible that Kobe could be innocent and found guilty, or vice-versa.



Should the Fab Four be streamlined to a terrific trio?


But whatever it is he did or didn't do, the result has been unprecedented stress placed on every member of the Lakers organization, if not the entire NBA. (LeBron James, an 18-year-old kid with a lot of other things on his mind, had to answer questions about Kobe's case this summer, for crying out loud.) Yet Kobe seems oblivious. He's behaving like a man who has been wronged, but it isn't the Lakers or the league that wronged him.


This is the league that made his father a wealthy man, that allowed Kobe to grow up on the Main Line in Philadelphia, and it made Kobe one of the world's most beloved individuals. Now it has suffered perhaps it's greatest public relations hit ever. And still Kobe acts as though he lives in a vacuum, a place where everyone holds news conferences to profess their love to their wives, a place where diamonds are measured in pounds instead of carats.


He just doesn't get it, and that is the biggest disappointment. All this time, we thought if there was any athlete who got it, it was Kobe.


What he needs to do is walk away, exit stage left, disappear into thin air to whatever degree that is possible, until all this blows over. When it does, and only then, should he once again don the Lakers' purple-and-gold -- assuming his daily attire isn't an orange jump suit.


I know what you're thinking.


"Greeny, you're an idiot! The Lakers are off to a great start!"


I can't argue either point, but I can tell you that the Lakers' record is irrelevant. This team could win 75 games and it wouldn't mean a thing. Karl Malone and Gary Payton didn't come to L.A. to run a marathon; all they care about is the finishing sprint. Phil Jackson himself said, "It don't mean a thing if you don't get that ring," when his Bulls won a record 72 games. At this stage of his life, you know Phil doesn't get excited about anything that happens before spring.


This whole thing is about May and June. Who knows where Kobe will be then, literally or figuratively? Maybe he'll be in jail. Maybe he'll be in court. Maybe he'll be curled up in a dark room, staring deeply into his own soul, in the emotional equivalent of the fetal position. Who could blame him if he was? If he's about to stand trial for rape, he will have matters of far greater import on his mind than basketball. And that's the whole point.


If the Lakers learned anything from their disappointing season of 2002-2003, it is that there is no light switch that can be turned on and off when it comes to dedication and unselfishness. No matter how long and arduous the path to a title may seem, it is neccessary to observe and respect every step of it -- whether that step is being taken in the playoffs or in November. Shaquille O'Neal let his team down a year ago by not dedicating himself fully. (Kobe said as much in his shocking interview with Jim Gray.) That was inexcusable. Shaq is a highly-paid superstar; the least that should be expected from him is maximum effort. But from Kobe, right now, that expectation is unrealistic.


If things go his way in court, he should then be welcomed back on the court immediately. If it happens this season, great. If not, worse things have happened than a player missing one season in the middle of what should be a long and brilliant career. And, for what it's worth, the Lakers can still win the whole thing without him.


Everything Kobe says and does these days gives the impression he is playing for himself. That's not the way to win a title. This isn't about what is best for Kobe; it's about what is best for the Lakers and the league. And what is best for both of them right now is for Kobe to go away.


Mike Greenberg co-hosts ESPN Radio's Morning Show with Mike Golic and frequently anchors SportsCenter.

[Steeltrap]

I've said the Lakers need the full team, but I'm beginning to wonder about the Kobester and his megalomania. That was a good read.

[Mz. Sports Luva]

I just want him to shut the ______ up & play ball!

[Gina1201]

By JON SARCHE, Associated Press Writer

EAGLE, Colo. - With his accuser's family looking on, Kobe Bryant made his first appearance before the judge who will preside over his sexual assault trial Thursday and put off a formal plea.

The parents of the 19-year-old woman were in the courtroom for the brief procedural hearing, along with two brothers and a cousin, prosecution spokeswoman Krista Flannigan said.

It was the first time the family members have attended a court hearing in the case — and the first time they have seen the NBA star in person, she said. The family left the courthouse without speaking with reporters.

During the 12-minute hearing, Judge Terry Ruckriegle set a pretrial hearing for Dec. 19 and another for Jan. 23 to settle various motions, including whether records from a rape crisis center should be given to the defense.

The defense waived Bryant's rights to be advised of the sexual assault charge against him and the penalty he faces if convicted — four years to life in prison and 20 years to life on probation. Bryant's $25,000 bail was left unchanged.

"We have decided to follow the court's usual procedure and not enter a plea as of today," defense attorney Pamela Mackey said. "I fully advised my client of the charge against him and the possible penalty."

The Los Angeles Lakers' guard, who arrived in Colorado after playing a home game Wednesday night, sat quietly as Mackey answered routine questions from the judge about scheduling.

Attorneys on both sides told the judge they expected a trial to last two to three weeks. The judge said his staff would begin looking at potential dates.

Prosecutors and court officials had not expected Bryant to enter a plea until his arraignment, which hasn't been scheduled. After a formal plea, state law requires the trial must be scheduled within six months unless Bryant waives his right to a speedy trial.

Bryant is accused of raping the woman June 30 at a mountain resort near Edwards where she worked and he was a guest. Bryant, 25, says the two had consensual sex.

During the preliminary hearing last month, a sheriff's investigator testified the woman's blood was found on Bryant's T-shirt. The defense suggested the woman was promiscuous and the blood came from previous sexual activity.

Before the hearing began, about a dozen people rallied outside the courthouse in support of Bryant's accuser.

"We are here to remind everyone to treat this sexual assault case as a serious crime that it is rather than as fodder for entertainment," said Robin Finegan, a board member of a victims' assistance group.

[CrimsonTide4]

SECOND WOMAN INVOLVED IN KOBE CASE: Prosecutors call in new witness.


Kobe Bryant
(Jan. 29, 2004) *Kobe is getting quite the reputation with the ladies for "room service."
"Celebrity Justice" has learned that prosecutors in the Kobe Bryant case contacted a Portland, OR hotel worker who Kobe allegedly had a sexual encounter with at a hotel where she worked.

"CJ" was also informed that the woman works for room service at the hotel. Reportedly, the woman disclosed to co-workers that the meeting between her and the NBA superstar was "hot and heavy."

Sources close to the woman tell "Celebrity Justice" she and Bryant actually met a few years ago at the hotel and he continued to request her for room service on repeated visits there.

Sources say the events that prosecutors are specifically interested in allegedly happened in April, 2003.

Sources claim that Bryant requested that the woman deliver him room service. When the woman went to his room, a source tells "CJ" Bryant flirted with her and she was receptive. "CJ" is told the two then began having a romantic encounter.

At some point in the "relationship," the young woman put a stop to things because she was involved with someone else at the time and also knew Kobe was married. But the two began to be intimate again. Sources say the woman finally said "no" and the encounter stopped. "CJ" is told the encounter did not get as far as sexual intercourse and was consensual.

But, it seems that the woman could help Kobe's case because CJ's source says she did, however, describe Bryant as a "perfect gentleman" and says she hopes he is acquitted of sexual assault charges in Colorado.

The woman talked with CJ and was extremely distraught over being brought into the Kobe case. A source says if subpoenaed, she would testify about her relationship with Kobe.

[SKEEphistAKAte]

I never knew THAT was on the room service menu.

[rho4life]

guess K ordered teh "full-release" massage!

[James]

Is it a desert or an appetizer?

Originally posted by SKEEphistAKAte
I never knew THAT was on the room service menu.

[SKEEphistAKAte]

I don't know what it was but Kobe sure is coming down with a serious case of food poisoning. He should left it where it was.

[AKA2D '91]

Lawd...Today!

[SummerChild]

Originally posted by CrimsonTide4
SECOND WOMAN INVOLVED IN KOBE CASE: Prosecutors call in new witness.


Kobe Bryant
(Jan. 29, 2004) *Kobe is getting quite the reputation with the ladies for "room service."
"Celebrity Justice" has learned that prosecutors in the Kobe Bryant case contacted a Portland, OR hotel worker who Kobe allegedly had a sexual encounter with at a hotel where she worked.

"CJ" was also informed that the woman works for room service at the hotel. Reportedly, the woman disclosed to co-workers that the meeting between her and the NBA superstar was "hot and heavy."

Sources close to the woman tell "Celebrity Justice" she and Bryant actually met a few years ago at the hotel and he continued to request her for room service on repeated visits there.

Sources say the events that prosecutors are specifically interested in allegedly happened in April, 2003.

Sources claim that Bryant requested that the woman deliver him room service. When the woman went to his room, a source tells "CJ" Bryant flirted with her and she was receptive. "CJ" is told the two then began having a romantic encounter.

At some point in the "relationship," the young woman put a stop to things because she was involved with someone else at the time and also knew Kobe was married. But the two began to be intimate again. Sources say the woman finally said "no" and the encounter stopped. "CJ" is told the encounter did not get as far as sexual intercourse and was consensual.

But, it seems that the woman could help Kobe's case because CJ's source says she did, however, describe Bryant as a "perfect gentleman" and says she hopes he is acquitted of sexual assault charges in Colorado.

The woman talked with CJ and was extremely distraught over being brought into the Kobe case. A source says if subpoenaed, she would testify about her relationship with Kobe.

Kobe is sick! His behavior, given that he is a married man, is just disgusting. He deserves what he gets.
SC

[lovelyivy84]

So how big will the "I'm So Sorry Vanessa" diamond ring be this time?

Hmmmm

Kinda screws up the image of the all-american athlete, no?

[CrimsonTide4]

Originally posted by lovelyivy84
So how big will the "I'm So Sorry Vanessa" diamond ring be this time?

Hmmmm

Kinda screws up the image of the all-american athlete, no?

I think this time it will have to be better than another ring. Kobe should realize that her hitting him with the $4 million ring will leave one heck of a bruise.