Kobe Bryant trial completely dismissed -
grooveless touque - 09-01-2004
Bryant charge dismissed, accuser's lawyer says
EAGLE, Colorado (CNN) -- A judge has dismissed the sexual assault charge against NBA star Kobe Bryant, the lawyer representing Bryant's accuser in a separate civil lawsuit said Wednesday.
Lin Wood, an attorney for the 20-year-old accuser, said the civil lawsuit filed August 10 against the Los Angeles Lakers star will continue.
Wood, prosecutors and members of Bryant's defense team are meeting in open court with Judge Terry Ruckriegle.
Prosecutors said they plan to hold a news conference later.
CNN's senior legal analyst is calling the prosecution's handling of the case "a disgrace."
"That this prosecutor's office would charge Kobe Bryant with a crime that could have left him in prison for 20 years, and branded him a sex offender for the rest of his life -- and now they simply walk away from this case? ... It is a disgrace that these prosecutors have brought a case on such flimsy grounds," Jeffrey Toobin said.
Bryant, a 26-year-old Los Angeles Lakers guard, faced a single charge of felony sexual assault. A conviction could have meant a sentence of four years to life in prison, or 20 years to life on probation and a fine of $750,000.
Bryant has admitted having a sexual encounter with his then-19-year-old accuser, then a desk clerk at the Vail-area resort where he was staying. But Bryant, who is married, has said the encounter was consensual.
The young woman filed a civil lawsuit in federal court in Denver last month, accusing Bryant of raping her and seeking unspecified monetary damages. The suit also claims Bryant has a "history of attempting to commit similar acts of violent sexual assault on females he has just met."
Bryant was in court Monday, Tuesday and Wednesday as potential jurors were questioned behind closed doors.
Earlier Wednesday, Bryant's defense team filed a motion to get the charge dropped against him.
Defense attorneys claim the prosecution suppressed critical exculpatory evidence when it failed to inform the defense that it was rescinding its endorsement of a forensic pathologist the prosecution planned to use as an expert witness.
The defense motion claims that the witness -- who was supposed to provide testimony on the alleged injuries suffered by the woman who accuses Bryant of raping her -- would have damaged the prosecution's case.
The defense said because it was not informed that the prosecution would no longer use the witness, the charge against Bryant should be dismissed and/or penalties should be imposed against the prosecution.
Ruckriegle gave the prosecution until Tuesday to respond to the defense motion, and gave the defense until next Wednesday to file a reply.
Prosecution drops DNA challenge
Prosecutors and defense attorneys were scheduled to continue jury selection Thursday in open court.
Over the past three days, 205 potential jurors were quizzed about their opinions on sensitive topics Ruckriegle did not want heard in open court.
Jury selection began last Friday with 300 people filling out questionnaires for the 12 jurors and two alternates needed.
Prospective jurors who are asked to come back will get more thorough questioning in open court Thursday.
Court officials had said they hoped to have the jury selected by Friday afternoon and to begin opening statements September 7, the day after the Labor Day holiday.
At the end of closed-door potential juror questioning Wednesday, the prosecution announced it had dropped its request for a hearing before the trial on its allegations that the samples used in DNA testing by the defense may have been contaminated.
"The people do not wish to delay the process of the trial and therefore will not file" a motion for a hearing on the matter, the prosecution said.
In the midst of the questioning of potential jurors Tuesday, prosecutors indicated to Ruckriegle that a "lot of jurors have gleaned information not only from the press, but also other folks about town."
The comment came after prosecutors filed a motion to allow them to ask jurors where they have learned information about the case. Prosecutors said they are concerned about the number of potential jurors who have already either said they believe Bryant is probably not guilty or definitely not guilty. Defense attorneys also acknowledged they are concerned about jurors who have already declared they think the basketball star is guilty.
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clearlyentranced - 09-02-2004
What a surprise! Chaulk up another one for being famous.
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mark - 09-02-2004
Thehip21 Wrote:What a surprise! Chaulk up another one for being famous.
or the fact that the prosecution had to real proof of anything
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chris - 09-02-2004
His criminal trail was dismissed, but the civil trial is still proceeding.
Either way, it will probably be dismissed due to lack of evidence and being famous.
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cferneyh - 09-02-2004
mark Wrote:or the fact that the prosecution had to real proof of anything
Unless you were on the prosecution's team, I fail to see how you can call it a fact that they had no proof of anything. If they had no proof, there wouldn't have been charges to begin with.
And if you read Kobe's statement, it seems pretty damn clear that he now knows that the girl involved sure didn't think it was consentual.
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mr. rogers - 09-06-2004
cferneyh Wrote:mark Wrote:or the fact that the prosecution had to real proof of anything
Unless you were on the prosecution's team, I fail to see how you can call it a fact that they had no proof of anything. If they had no proof, there wouldn't have been charges to begin with.
And if you read Kobe's statement, it seems pretty damn clear that he now knows that the girl involved sure didn't think it was consentual.
I am not looking to agrue by stating my point. it is very scary to think about because it's very real and true.
you don't need proof to charge someone with rape.....
how convienient the 20 year old is continuing civil. she had no proof, she wants a cash out. maybe she should be put in jail for lying. hes not guilty?.....so then she lied?!
a woman can charge a guy with rape and have nothing to lose. if she was raped she wouldn't give up. she was able to hide doctors records, hide her face, her sexual behavior ect due to rape sheild laws, while his face is slapped all over the media ass THE GUILTY RAPIST. just because he is accused most of society assume he was guilty. thats is how guys are preceived in our society. dumb, useless rapists. i'm sorry if people have to be told stuff by mainstream culture to believe ANYTHING but it's very much true. by the definition of rape today, a lot of women would be serving time in prison for "rape" towards men, but it doesn't happen because women are not looked at as villians but always the opressed and beaten down. i mean a guy can get kicked in the groin(usually by women)....wouldn't that be rape? sexually degrading him, injuring him, possibly taking away his ability to have children, and possibly is life......but he must have done something to ask for it!!!
the kobe bryan case is a victory for justice and freedom. if only this could happen in canada to the average joe.
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cferneyh - 09-06-2004
fucker Wrote:how convienient the 20 year old is continuing civil. she had no proof, she wants a cash out. maybe she should be put in jail for lying. hes not guilty?.....so then she lied?!
Dude, did you even read Kobe's statement?
"First, I want to apologize directly to the young woman involved in this incident. I want to apologize to her for my behavior that night and for the consequences she has suffered in the past year. Although this year has been incredibly difficult for me personally, I can only imagine the pain she has had to endure. I also want to apologize to her parents and family members, and to my family and friends and supporters, and to the citizens of Eagle, Colo.
"I also want to make it clear that I do not question the motives of this young woman. No money has been paid to this woman. She has agreed that this statement will not be used against me in the civil case.
Although I truly believe this encounter between us was consensual, I recognize now that she did not and does not view this incident the same way I did. After months of reviewing discovery, listening to her attorney, and even her testimony in person, I now understand how she feels that she did not consent to this encounter.
"I issue this statement today fully aware that while one part of this case ends today, another remains. I understand that the civil case against me will go forward. That part of this case will be decided by and between the parties directly involved in the incident and will no longer be a financial or emotional drain on the citizens of the state of Colorado."
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mr. rogers - 09-06-2004
and that statement came from the bottom of his heart?
the problem is the system. what is he going to state...."shes a lying bitch"? no.
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VioletlightHeron - 09-06-2004
fucker Wrote:and that statement came from the bottom of his heart?
the problem is the system. what is he going to state...."shes a lying bitch"? no.
First off, is that your response to everything you don't want to hear? Your lying, Im right, your wrong??? :roll:
Yeah, in a utopia where shame and fear never comes into play, a woman who accuses a guy of rape would have to have her name and face made public, slapped on the front page of the newspaper and thrown out there for the public to respond to. That doesnt exist anywhere, nor will it. I don't quite believe the woman's side of the story because of the semen evidence, some of her actions prior to and after the alleged incident, but she really deserved her day in court and she got shafted by a bumbling, idiotic prosecutor.
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mr. rogers - 09-06-2004
yeah, but if someone acused you would you think that way. if she lies, maybe she should get sent to jail. now she is after money? how nice.
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Tthip - 09-06-2004
Kobe HAD to release that statement as it was.
That was the only way they would dismiss the charges.
And Kobe's Lawyer actually read it into the record, Kobe did not.
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cferneyh - 09-06-2004
Tthip Wrote:Kobe HAD to release that statement as it was.
That was the only way they would dismiss the charges.
And Kobe's Lawyer actually read it into the record, Kobe did not.
Had to release the statement? How do you figure? If he was so innocent, why not refuse to release the statement and continue with the trial? He had the money and the lawyers. Seems to me he didn't have to do anything, especially if he was as innocent as he claims he is.
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mr. rogers - 09-06-2004
everyone, like you, assumes hes guilty. he had to. just because someone acuses, doesn't mean anything. if false accusers were punished and put in jail, she wouldn't have charged him, because it's clear it never happened.
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VioletlightHeron - 09-06-2004
I think he agreed to the statement just to make the whole thing go away. His lawyers probably advised that it was worth it to agree to a statement because there are no guarantees of conviction or aquittal in a trial. Look at it this way, his image of a clean cut all american man is tarnished, but he's not in jail and most likely will reach a settlement with the woman. In some circles of society he can argue he agreed to the statement, etc cause he was tired of being hassled by "the man" and it could help him be more marketable in certain areas where street cred is more important. I think its kinda sad because as talented as he is, I don't buy his story of consenual sex. It's a sad and messed up situation.
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cferneyh - 09-06-2004
mr. rogers Wrote:everyone, like you, assumes hes guilty. he had to. just because someone acuses, doesn't mean anything. if false accusers were punished and put in jail, she wouldn't have charged him, because it's clear it never happened.
Everyone assumes he's guilty? Is that why he got standing ovations in LA? Is that why the girl received death threats? Yeah, sure sounds like whole world is against poor, poor Kobe. However will he survive?
I don't think it is clear it did happen and I don't think it is clear it didn't happen. The only thing clear here is that two people used some pretty poor judgement that night and the only two people who really know what went down are those two.