Friday, August 1, 2003
Judge rules Bryant must be present for first court date
The Associated Press
EAGLE, Colo. - A bid by Kobe Bryant to skip his first court appearance on a sexual assault charge next week was rejected Thursday by a judge.
The decision came the same day attorneys for several media organizations asked the judge to unseal court records, saying the Los Angeles Lakers' star waived his right to privacy when he declared his innocence at a news conference.
Judge Fred Gannett said he wouldn't rule on the records issue before Bryant's court appearance on Wednesday.
Gannett said it was important for Bryant to be in court. "It's vital for him. It's vital for us. It's where the process begins," the judge told KMGH-TV in Denver.
In their filing, defense attorneys had said Bryant's absence would reduce "the impact on the courthouse and the need for security." The defense suggested Bryant intends to seek a preliminary hearing to determine whether he should stand trial.
Bryant, a 24-year-old husband and father of one, has said he had sex with a 19-year-old employee at a mountain resort June 30, but denies assaulting her. He is free on $25,000 bond. Much of the information about the allegation has been sealed, including the arrest affidavit and court records.
Chris Beall, a lawyer representing organizations including NBC, the Denver Post and the Los Angeles Times, said the presumption of public access to court records is "a hallmark of our judicial system."
"Every day that goes by when the public doesn't have an opportunity to understand the evidence is a day lost under the Constitution," he said.
District Attorney Mark Hurlbert and defense lawyers want the records to remain sealed, saying publicity could affect Bryant's right to a fair trial.
Bryant's hearing was held as ABC News, the Rocky Mountain News and the Vail Daily cited unidentified sources as saying Bryant and his accuser had consensual sexual contact, but that she did not agree to have intercourse with him.
Representatives of the prosecutor and the sheriff's office declined comment on the reports.
Hurlbert has said he has physical and testimonial evidence to prove the case. He said Bryant forced the victim into "submission" through physical force, but refused to disclose details.
The judge has ordered a limit on public comment about the case by attorneys, authorities and others, including Bryant and any witnesses. He said the order was necessary to guarantee a fair trial.
NUGGETS: Andre Miller will soon join the team, giving Denver instant stability at point guard.
The Los Angeles Clippers have decided they will not match Denver's offer for the free-agent guard, Nuggets spokesman Eric Sebastian said.
The Nuggets signed Miller to a six-year, $51 million offer sheet in July. The offer includes a $10 million signing bonus, and performance bonuses could push its total value to more than $55 million.
Miller led the league in assists while with Cleveland in the 2001-02 season, averaging 10.9 and 16.5 points. Miller struggled with injuries last season after a trade to the Clippers and his averages dropped to 6.7 assists and 13.6 points.
BULLS: Chicago re-signed veteran center-forward Corie Blount. Terms were not disclosed.
Blount, a former Cincinnati Bearcat, averaged 3.0 points and 4.0 rebounds in 50 games for Chicago last season. He was also brought back to work with young big men Eddy Curry and Tyson Chandler.