Myriad Of Motions At Kobe Hearing
Lawyers for Kobe Bryant want the judge in his sexual assault trial to allow cell phone text messages between the NBA star's alleged victim, her former boyfriend and a third person to be introduced as evidence.
Meanwhile, the Colorado Supreme Court ruled Monday the news media have no right to publish mistakenly released details from a closed-door hearing in the Kobe Bryant sexual assault case, narrowly backing the trial judge in a First Amendment clash.
The court fight centers on transcripts from a two-day hearing last month that were accidentally e-mailed by a court reporter to seven news organizations.
The judge quickly issued an order threatening a contempt citation against any news organization that released details from the hearing, which focused on attempts by Bryant's attorneys to have his accuser's sex life and money she received from a victims' compensation program introduced as evidence. Those decisions are pending.
None of the details have been printed or broadcast, but attorneys for the media groups appealed the order from District Judge Terry Ruckriegle.
"It's always a bit of a surprise when a court permits a prior restraint on the publication of information, which is precisely what the First Amendment was designed to prevent," says CBSNews.com Legal Analyst Andrew Cohen. "But the Court was very concerned about the impact releasing the information would have on the case, and on the alleged victim, who has privacy rights under Colorado's rape-shield law."
"This prior restraint is necessary to protect against an evil that is great and certain and would result from reportage," the court ruled.
The text messages were sent hours after the woman's encounter with the Los Angeles Lakers guard last summer.
Defense lawyers also want to give the jury information about money the woman received from a crime victims' compensation program. Bryant's attorneys have suggested the woman received unusually large amounts from a board appointed by the district attorney as an incentive to continue participating in the case.
District Judge Terry Ruckriegle was scheduled to hear arguments on both requests Monday behind closed doors.
Monday's pretrial hearing also concerns whether court documents remain posted on the Internet and whether the trial will be on TV, despite objections from prosecutors, Bryant's lawyers and the alleged rape victim's attorneys.
Court TV replies Bryant was more than willing to allow national coverage of his press conference denying guilt, but now begs to protect his privacy when sworn testimony will be given rather than his unsworn version of events.
The alleged rape victim also doesn't want you the criminal case file online, CBS News Correspondent Lee Frank. Colorado's courts Web site posts the public files, rather than have reporters constantly line up at the clerks' offices. The attorney for Bryant's accuser cites two mistakes by court staff, as reason to end electronic distribution of public information.
Meanwhile, with less than six weeks before jury selection begins, the judge still must decide whether the alleged victim's sex life can be used against her.
Ruckriegle has already said attorneys for the NBA star cannot have access to the woman's medical records — though they can question friends and relatives on that topic — and that prosecutors will be allowed to use Bryant's recorded statements to investigators and some clothes he gave them.
But Ruckriegle has not yet decided whether the woman's sexual activities are relevant to the case. The defense wants to argue to the jury that she had sex with at least one other man in the days surrounding her encounter with Bryant and that another man could have caused injuries found on her during a hospital examination.
Prosecutors and the woman's attorney have argued the information is irrelevant to the question of whether she consented to sex with Bryant.
"For the defense, it's going to be a critical linchpin to their defense, and I'm assuming they're sitting on pins and needles awaiting that ruling. And I'm assuming for the prosecution as well," said Denver defense attorney Lisa Wayne.
Bryant, 25, has pleaded not guilty to felony sexual assault. He has said he had consensual sex with the then-19-year-old woman at the Vail-area resort where she worked. If convicted, he faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.
The judge's ruling will significantly affect trial strategy and witness lists for both sides, Wayne said. More than a dozen acquaintances of the woman have testified in closed hearings as Ruckriegle weighs his decision.