Rape Charges Against Kobe Bryant Dropped

[Headache in a Suitcase]

Motion to Dismiss
Prosecution to Ask Judge to Drop Charge Against Kobe Bryant
By Ellen Davis and Bill Redeker


E A G L E, Colo., Sept. 1, 2004 ? Prosecutors will file a motion this afternoon to dismiss the sexual assault charge against Kobe Bryant, according to sources familiar with the case.

The motion will say that the request is based on an agreement between the prosecution and the alleged victim. The young woman has told prosecutors she is no longer willing to testify, sources told ABC News.

Prosecutors will ask that the charge be dismissed with prejudice, meaning that it can never be brought again. A news conference with prosecutor Mark Hurlbert is scheduled for 7 p.m. ET.

Judge Terry Ruckriegle must approve the request in order to end the criminal prosecution. He will almost certainly grant this motion.

Opening statements in the case were expected to begin Tuesday, with prospective jurors being interviewed this week.

The Los Angeles Lakers star was accused of raping the young woman on June 30, 2003, at an Eagle resort where she worked and he was a guest. He pleaded not guilty to one felony count of sexual assault.

Bryant, 26, has admitted having sex with the woman, who was 19 at the time, but claims it was consensual.

If convicted of felony sexual assault, Bryant could have faced four years to life in prison or 20 years to life on probation, and a fine up to $750,000.

Motion Seen as Embarrassment for Prosecutors

The 11th-hour withdrawal from the criminal case can only be seen as an embarrassment for the embattled prosecution, which has struggled for months against defense claims that DNA evidence indicated the alleged victim had sex with another man after her encounter with Bryant. The woman has denied that.

Her attorneys complained her privacy was violated when a court clerk mistakenly posted sealed documents about the case on a Web site. The documents revealed the alleged victim's name and defense allegations about her sexual history.

The alleged victim filed a civil suit against Bryant on Aug. 10, seeking monetary damages of $75,000. Attorney L. Lin Wood told The Associated Press that the suit remained intact.

 

[DaveC]

It was bound to happen eventually. The prosecution has screwed up way too many times in this case for it to have a decent leg to stand on.

 

[Mr. BAW]

Based on my own opinion, mind you I am not sure of Colorado law, but there seemed to have been many law enforcement miscues within the first few hours of this reported event...unlawful detainment; unlawful recording without permission, transportation to a medical facility during hours between 10p and 6 am; failure to preserve a crime scene,..just too much B.S.

It all comes down to the $$$$$$; I think that civil case may even be jeopardized..oh well, just my thoughts...!

 

[DaveC]

Based on my own opinion, mind you I am not sure of Colorado law, but there seemed to have been many law enforcement miscues within the first few hours of this reported event...unlawful detainment; unlawful recording without permission, transportation to a medical facility during hours between 10p and 6 am; failure to preserve a crime scene,..just too much B.S.

It all comes down to the $$$$$$; I think that civil case may even be jeopardized..oh well, just my thoughts...!

That's what I mean, police screwups, prosecution screwups...it was a mess. The case would have failed anyways due to a mistrial. At least now we're saved all the drama.

 

[RockNRollDawgie]

I think the fear that this woman's past sex life may have been brought in, is what killed the case.
This is my speculation as to what occured. She invites Kobe to her room.
They start fooling around. She says "no!"
and Kobe rapes her.

 

[MSU2mike]

This "case" was indeed a joke from the beginning. There was never any real evidence of rape.

The woman had sex in the 15 hours between her encounter with Kobe and the rape exam (the DNA demonstrates this). Then she lied about it under oath--multiple times. Yes, I'm fairly certain she had no interest in that coming out at trial.

Then there's the fact that the state's own crime lab was going to testify for the defense. Not to mention forensic expert Dr. Michael Baden, originally brought on board by the prosecution, declaring that the physical evidence didn't prove rape in any way.

The case was a loser from the start, as almost anyone who followed the trial closely can attest to. The amount of prosecutorial misconduct and incompetence was staggering.

 

[Headache in a Suitcase]

the guy who prosecuted mike tyson stated that there is twice as much evidence against kobe bryant than there was against mike tyson. it's amazing how someone's public persona can change the public's perception of a case.

i present kobe bryant's own words...

"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."

 

[MrsSpringsteen]

The woman had sex in the 15 hours between her encounter with Kobe and the rape exam (the DNA demonstrates this).

Unless I'm mistaken, I believe the DNA was questionable/possibly contaminated as far as this is concerned- I think that issue came out last week.

Her entire sexual history was already plastered all over the media for any person who isn't in a cocoon and a potential juror to see, so I don't see what difference that would make.

 

[JessicaAnn]

This "case" was indeed a joke from the beginning. There was never any real evidence of rape.

The woman had sex in the 15 hours between her encounter with Kobe and the rape exam (the DNA demonstrates this). Then she lied about it under oath--multiple times. Yes, I'm fairly certain she had no interest in that coming out at trial.

Then there's the fact that the state's own crime lab was going to testify for the defense. Not to mention forensic expert Dr. Michael Baden, originally brought on board by the prosecution, declaring that the physical evidence didn't prove rape in any way.

The case was a loser from the start, as almost anyone who followed the trial closely can attest to. The amount of prosecutorial misconduct and incompetence was staggering.

First of all, while you present certain information I don't think you were in the courtroom and you did not hear everything that was said, only what the media chose to report.

I think that this entire case was mishandled both by the prosecution, the defense and by the court system. The trial was a farce. This case is a perfect example of what is wrong with the American justice system and why women who have been raped do not come forward and demand justice. They fear that they will be the one put on trial.

It is appaling that rape victims are treated this way ... that we will take every effort to preserve the rights of the accused and do very little to protect the victim.

 

[nbcrusader]

Kobe got a free pass. The "accidental" release of the medical records showing other sexual encounters of the victim sank the case.

While she may have been promiscuous, even Kobe realizes she didn't consent.

 

[MrsSpringsteen]

This case is a perfect example of what is wrong with the American justice system and why women who have been raped do not come forward and demand justice. They fear that they will be the one put on trial.

It is appaling that rape victims are treated this way ... that we will take every effort to preserve the rights of the accused and do very little to protect the victim.

I don't know why every state doesn't just overturn the rape shield laws too- why bother having those either

 

[Hewson]

Kobe just about admitted rape in his statement...money talks, and this young lady is gonna get a boatload. Sad reflection on our society.

 

[AvsGirl41]

I think that this entire case was mishandled both by the prosecution, the defense and by the court system. The trial was a farce. This case is a perfect example of what is wrong with the American justice system and why women who have been raped do not come forward and demand justice. They fear that they will be the one put on trial.

It is appaling that rape victims are treated this way ... that we will take every effort to preserve the rights of the accused and do very little to protect the victim.

But doesn't it also stand to reason that more rape victims will be unlikely to come forward because of the way the *victim* handled it?

I don't have alot of sympathy for someone who is "too wounded" and "devestated" to go on with a criminal trial--but will happily pursue a civil trial, which will result in a cash settlement. The same evidence will come up. The same attention will be on her. That doesn't sit well with me. I do see that as a step back for rape victims--if it's at all high profile, now they'll be accused of seeking money. And that is not the prosecuters fault, or the police, that's her's.

I'm not trying to side with Kobe Bryant, I think the guy is scum. I think that the way rape victims are treated is appalling. But this *was* a different case. This wasn't a woman who is sitting at home, when an assailant breaks in and assaults her. This was someone who apparently hung around with Kobe, and may have agreed to go to his room. So, unfortunately, her past history *is* relevant in this case. Kobe didn't order room service, grab the girl and assault her. She apparently went to his room willingly. Did it go too far? Or was she seeking attention?

Again, I'm not trying to defend him, or suggets she deserves what she got. His lawyers were practically pure evil and I'm sur it was hell to be in that courtroom. But there was evidence she'd been with another guy 72 hours before or after. She allegedly had a past of emotional problems. That does say something about the accuser and if we want a truly fair trial, in *this* situation I think it was appropriate to bring in. Ideally, his past history should be brought up too.

Obviously, I've never been a victim or known one, and I'm trying not to be insensitive. I don't know everything that was presented in the courtroom and I don't know what went on. Kobe's statement is practically a confession on it's own, so that certainly says something there. At least the ridiculous drama of it is over.

 

[Mr. BAW]

Well put AVS..

 

[Wild Angel]

I don't have alot of sympathy for someone who is "too wounded" and "devestated" to go on with a criminal trial--but will happily pursue a civil trial, which will result in a cash settlement. The same evidence will come up. The same attention will be on her. That doesn't sit well with me. I do see that as a step back for rape victims--if it's at all high profile, now they'll be accused of seeking money. And that is not the prosecuters fault, or the police, that's her's.

I don't want to get bashed but I thought it was about money all along. She obviously doesn't mind having sex, and as in the Tyson case, a woman who accepts an invitation to a man's room at a late hour is putting herself in a situation where things are probably going to happen. That's the mildest way I can put it. If you don't want sex, if you don't want the guy to think you want sex, probably shouldn't go to hotel rooms late at night. Makes sense to me. While there is never an excuse for rape, (and I am not commenting on whether or not I think she was really raped) I just don't see a girl in a hotel room late at night as quite such an innocent victim as the girl whose college dorm room door gets kicked down, or the girl who gets grabbed while jogging.

While men have the power to take advantage of women with force, women sometimes take advantage of men and the sympathy women get for being used by men in the wrong way, what I'm trying to say is, a woman has the power to yell rape, get a guy in trouble, get money, and maybe it wasn't all his fault after all. I don't like to see that. I am constantly seeing in the paper all the time how guys are now being freed by new DNA tests from crimes they never committed. In at least one case, the girl ADMITTED she picked him out of a lineup on purpose because it was actually her boyfriend who had raped her and she didn't want her parents to know. She apologized later, but he'd lost so much of his life.

As a woman, I do not like to see these things, and think they hurt all real rape victims.

 

[speedracer]

First of all, while you present certain information I don't think you were in the courtroom and you did not hear everything that was said, only what the media chose to report.

I think that this entire case was mishandled both by the prosecution, the defense and by the court system. The trial was a farce. This case is a perfect example of what is wrong with the American justice system and why women who have been raped do not come forward and demand justice. They fear that they will be the one put on trial.

It is appaling that rape victims are treated this way ... that we will take every effort to preserve the rights of the accused and do very little to protect the victim.

Um...face it, unless the evidence for the alleged rape is absolutely airtight, the trial is going to degenerate into a he said-she said argument. There's no way around it.