Kobe Goes From Court To Court
Preliminary court appearances are supposed to be mundane, but with the surprises so far in the early goings of the Kobe Bryant sexual assault case, there are no guarantees.
The 25-year-old Los Angeles Lakers star was scheduled to appear Thursday morning for the first time before state District Judge Terry Ruckriegle, who is slated to preside over the trial, if the case gets that far.
This hearing should be as brief and as uneventful as was Bryant's first appearance several months ago, says CBSNews.com Legal Analyst Andrew Cohen. All he has to do is show up, confirm that he is who he is, extend the terms of his bond and hear when next he has to return to Eagle. The whole thing should be done in less than 10 minutes.
Ruckriegle is considered by lawyers to be tough but fair, reports CBS News Correspondent Lee Frank. Ruckriegle, a prosecutor before becoming a judge 19 years ago, is known as a no-nonsense judge, but he has a sense of humor. He has presided over ski area mountaintop mass marriages on Valentines Day. As chief judge of the district, he chose to handle this case himself.
Bryant played a night game in Los Angeles Wednesday before heading to Colorado for his court appearance, scoring 19 points in a 94-79 victory over the Toronto Raptors.
At an initial appearance, a judge usually advises a defendant of his rights, the charge against him and the penalty he faces if convicted — in Bryant's case, four years to life in prison and 20 years to life on probation.
The basketball superstar is accused of raping a 19-year-old woman June 30 at a mountain resort near Edwards where she worked and he was a guest. Bryant says the two had consensual sex.
Prosecutors and court officials don't expect Bryant to enter a plea until his arraignment, which hasn't been scheduled. But there have been surprises in other hearings.
"Generally, the first appearance is the most mundane of hearings, but who knows?" said Dan Recht, past president of the Colorado Criminal Defense Bar.
After Bryant enters his plea, state law requires the trial must be scheduled within six months unless he waives the speedy-trial right. Bryant's attorneys probably will ask for an arraignment later to delay the start of the trial, Recht said.
"My guess is the defense wants the trial to start after the basketball season," Recht said.
Bryant's previous court appearances were before an Eagle County judge, whose job was to determine whether the evidence was sufficient for a trial.
During his preliminary hearing last month, a sheriff's investigator testified the woman's blood was found on Bryant's T-shirt. Defense attorneys suggested the woman was promiscuous.
Attorneys for media organizations are appealing a judge's decisions to close portions of that hearing involving testimony about Bryant's statements to police.
In filings made public Wednesday, media attorneys argued Eagle County Judge Frederick Gannett wrongly concluded Bryant's fair-trial rights would be threatened by leaving the preliminary hearing and records open to the public. The attorneys also asked to be allowed to present oral arguments on unsealing the records from the preliminary hearing.
Many other court records and investigative files remain sealed.