Some people just can't count. Today's big Kobe Bryant news claims the accuser in the case wasn't harmed by allegations that she had had sex with boyfriend a few days before her encounter with Kobe. The articles quotes a former prosecutor (and oddly, only a former prosecutor, who is also a victim's rights advocate, not quite fair and balanced) who says the evidence shows only that the accuser had sex with her boyfriend and with Kobe.

Here's the evidence that was presented at the hearing, all from the prosecution witness and his reports:

• The accuser told the officer she had consensual sex a June 27 or June 28, two to three days before her encounter with Kobe on June 30. Her partner was wearing a condom.

• June 30: Sex with Kobe. The officer says the accuser provided him with the underwear she wore durign the encounter when he went to her home to interview her on the afternoon of July 1.

• July 1: Later on July 1, the accuser goes to Valley View Hospital for her rape exam wearing yellow knit underwear that is not the same underwear she wore during the encounter with Kobe, which she had already provided to the police. The yellow underwear contains blood and semen. The semen is tested for DNA and it is not Kobe's semen. A caucasian pubic hair is also found in her underwear.

If the partner in encounter number 1 was wearing a condom, the logical inference is there would be no semen in her underwear afterwards--particularly three days afterwards. Thus, three men in three days.

The number of men is not important except to show repetitive sex within a short period of time. The defense is arguing there was no sexual assault by anyone. The injuries were not the result of the application of physical force by Kobe or anyone else. They will likely present expert testimony at trial to show that repetitive consensual sex within a three day period can cause bruising and slight bleeding and the kind of pin-point lacerations on the posterior fourchette as experienced by the accuser.