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Court Rules in Kobe Bryant's Favor

by TChris

The judge presiding over Kobe Bryant's case handed the NBA star a victory yesterday, but prosecutors announced their intent to appeal the judge's ruling. Judge Terry Ruckriegle agreed with the defense that the 19 year-old woman who is accusing Bryant of sexual assault can be questioned during a closed hearing scheduled for March 24 and 25. He declined to grant a prosecution request to limit the questions that could be asked of her.

At issue is Colorado's rape shield law. Like other laws across the country, Colorado's rape shield law is designed to prevent defendants from bringing up an accuser's sexual history to besmirch her reputation or to support an argument that a promiscuous woman is more likely to have consented to sex.

Those laudable goals must give way to a defendant's right to a fair trial. Defendants have a constitutional right to present evidence that is relevant to their defense -- evidence that weakens the government's case or that supports a theory of innocence. The assumption that an accuser's sexual history is never relevant is mistaken, as Bryant's case demonstrates.

Defense attorneys Hal Haddon and Pamela Mackey say the details of the woman's sex life are important in determining whether injuries found after her encounter with Bryant could have been caused by other men and whether she suffered emotional trauma, as prosecutors claim.

They also say they want to know whether she had a "plan" to sleep with Bryant to win attention from an ex-boyfriend, and that she has slept with two prosecution witnesses.

The court's ruling does not mean that Bryant will be able to ask wide-ranging questions in front of a jury. The court will presumably decide whether, and in what way, to restrict cross-examination at trial after hearing the accuser's answers to Bryant's questions behind closed doors.

The court will also decide whether the accuser waived her right to keep her medical records confidential and whether investigators illegally questioned Bryant after the alleged attack. Rulings on those issues may come after the next hearing.

< UPDATE: Martha Stewart's Case Goes to Jury | Madison Speaks on Medical Marijuana, Marriage >
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