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Kobe Bryant: Bombshells Still Coming

By Jeralyn, Section Kobe Bryant Case
Posted on Fri Oct 10, 2003 at 11:06:52 PM EST
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As if the bombshell unleashed by the defense at yesterday's preliminary hearing in the Kobe Bryant case wasn't enough to shock the media, there's more. We're not going to reprint the new details here, so go read the article. Then read the rest of what we have to say.

The hearing has been continued to this coming Wednesday. The prosecution, which last week opposed a defense motion to close the courtroom, has now filed its own motion seeking closure of portions of the upcoming hearing.

Tom Kelley, an attorney representing the media including The Denver Post, said that it was an "interesting flip-flop" and that the judge was being asked, in essence, to let the prosecution present its case publicly and then require the defense to issue a rebuttal behind closed doors.

Victims rights groups are up in arms against Kobe's lawyers. They are quick to shout "rape shield law violation," apparently without having read the actual text of the law. Colorado's law has no requirement that the Judge be advised of the intent to introduce evidence of prior or subsquent sexual conduct at a pre-trial hearing. In addition, the rape shield law provides that while evidence of prior or subsequent sexual conduct is presumed irrelevant and inadmissible, there are exceptions. Here's the actual text of the statute:

1) Evidence of specific instances of the victim's or a witness' prior or subsequent sexual conduct, opinion evidence of the victim's or a witness' sexual conduct, and reputation evidence of the victim's or a witness' sexual conduct shall be presumed to be irrelevant except:

(a) Evidence of the victim's or witness' prior or subsequent sexual conduct with the actor;

(b) Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts charged were or were not committed by the defendant.

C.R.S. 18-3-407. (emphasis supplied by us.)

Once the prosecution introduced photographs showing physical injuries to the accuser, and alleged they were consistent with forced sex, Kobe's lawyers have every right-- the duty even--to bring out evidence in their possession (which likely came from the prosecution during discovery) showing another person was in a position to have caused those injuries.

This case has gotten ugly very fast, and it promises to get even uglier. Before suggesting the defense tactics are wrong or unfair, we should remember Kobe remains cloaked in the presumption of innocence, and that it very well may be Kobe who is the victim here. The offense he's charged with carries up to life in prison. It's serious business and it requires a serious defense by lawyers who only have Kobe's best interests in mind.

We don't know what happened that night. We weren't there. Only Kobe and his accuser know for sure. Let the chips fall where they may, and let Kobe have a fair opportunity to rebut the accuser's untested allegations. The media coverage is unfortunate. It's the reason we always say trials should take place in courtrooms, not living rooms. But, since they are taking place in living rooms, analysts should assist the public in viewing the proceedings through the lens of the Constitution. The former prosecutors who go on tv shouting about the guilt of the defendant before the case has been tried are the offenders, not the defense lawyers fighting in court to save a client whom they believe to be unjustly accused.

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