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Thursday, August 12, 2004

Prosecution wants Bryant's trial to be delayed



By Jon Sarche
The Associated Press

DENVER - Prosecutors in the Kobe Bryant case asked the judge to delay his trial indefinitely, saying the accuser has been affected by developments in the case and the release of closed-door testimony has hurt their ability to get a fair jury.

The motion was submitted Tuesday, the day the 20-year-old woman who accused the NBA star of sexual assault filed a civil lawsuit seeking monetary damages.

In a court filing, prosecutor Dana Easter said the release of the hearing transcript detailing a defense expert's testimony about the accuser's sexual activities was "extremely harmful" to the prosecution's case. She said a gag order issued by District Judge Terry Ruckriegle has prevented the prosecution from responding.

There has been "an absence of balance in the information released," Easter wrote. "The release of this information 28 days prior to trial will have the effect of tainting the jury pool and impact the ability of the prosecution to obtain a fair jury at this time."

The defense testimony from the closed hearing that was accidentally released included that of an expert who indicated that the accuser had sex with someone else after her encounter with Bryant but before she was examined at a hospital.

There was no immediate indication whether the judge would hold a hearing on the prosecution motion or when he might rule. Jury selection is scheduled to begin Aug. 27.

The prosecution filing does not mention the civil suit, which seeks compensatory damages of at least $75,000.

Experts said the suit will hurt prosecutors because the defense can argue that the woman is trying for a financial award.

"... It looks like this whole thing was for money. If it's otherwise, then why would she file a civil case?" said Dan Recht, former president of the Colorado Criminal Bar Association.

"In my mind, they would never file a civil case without having a strategy of getting the criminal case dismissed."

In the prosecution motion, Easter also said Ruckriegle has not yet ruled whether the defense can present evidence on the woman's mental health and allegations of drug and alcohol use. Prosecutors would need to hire expert witnesses to counter such evidence - a move they don't want to make until there is a ruling because of tight judicial budgets.

As for the accuser, Easter said testimony on mental health and drugs "was extremely intrusive and personal."

"Delayed rulings on these two issues have had a substantial impact on the victim's ability to anticipate and prepare her testimony for trial."

The woman's attorneys went on national TV to complain about mistakes made by court staff.

The accuser's name has been included in filings mistakenly posted on a state court Web site, and a court reporter accidentally e-mailed the transcripts of a closed-door hearing on the woman's sexual activities to seven news organizations.




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