|
Defendant's Motion to Submit Juror Questionaire
http://www.courts.state.co.us/exec/...motn_submit.pdf
Defendant's Motion for Expanded Voir Dire
http://www.courts.state.co.us/exec/...or_expanded.pdf
Motion for Evidentiary Hearing Pursuant to C.R.S. 18-3-407 With
Offer of Proof and Supporting Affidavit
http://www.courts.state.co.us/exec/...evidentiary.pdf
Defendant's Motion to Approve Elemental Instruction for Sexual Assault
http://www.courts.state.co.us/exec/...otn_approve.pdf
Defendant's Motion to Admin Evidence of The Accuser's Purported
Suicide Attempts and Prescribed Medication
http://www.courts.state.co.us/exec/..._motn_admit.pdf
A ton of new info here.
From Lakersground discussing the new motions.
rpadma12
Mon Dec 15, 2003 4:34 PM PST
Why Kobe's statements, physical evidence collected from Kobe
(including the t-shirts and bodily fluids) must be supressed:
http://www.courts.state.co.us/exec/media/eagle/12-03/defs_motn_suppress.pdf
Defense states that Kobe did not voluntarily give statements.. nor the
test kit.. but at the end of the interrogation, one of the officers
(more than six were at Cordeillara) told him that they have a court
order (when Kobe became emotional that he was being asked to give
samples), so the officer said that it wouldn't matter whether he would
consent to it or not..
also, they had a search warrant all along.. and never told him that..
they "insisted" on going to Kobe's room even when Kobe had said that
he had just had a surgery and did not want to conduct the questioning
then in his room... they didn't say that they had a search warrant for
his room..
and Kobe had requested for one of his bodyguards to come with him to
the trip to the hospital when he was forced to give samples.. but they
didn't allow it..
and they never read his rights during all this.. and also, the court
order did ask the officers to take Kobe into CUSTODY for
non-testimonial evidence.. since they had interrogated him before the
collection of samples using this order (unconstitutionally), he was in
custody.. and also that he was detained to his room and not free to
leave, both b/c of his physical limitations and the court order..
what's really catching my eye is the rule that it should be done in
daytime.. all the "bodily fluids" collecting search and seizure must
be done in the daytime unless otherwise stated by a judge.. plus, the
order only allows for NON-TESTIMONIAL evidence.. but officers have
used it unconstitutionally to interrogate him..
also, that Kobe was threatened mutiple times "implicitly" to do what
they say even when they hadn't presented the search warrant.. and they
forced his security guards and trainer into seperation..
defense also states that Kobe was immobile due to the surgery.. and
the officers were aware of that.. that is why Kobe complained that he
didn't want to walk to his room b/c of the pain.. and also that he
wasn't even able to open the hotel room door.. and the officer had to
open it..
and they never presented the warrant when they forced him to give the
t-shirts and the pants he wore.. (and btw, they got the info about
what he wore from those illegal statements that they had collected)..
and also the collection of the samples is under the "fruit of the
unlawful police misconduct"..
also, the order only allowed for clothes wore during the incident..
but they also forced him to take off the shirt he was wearing (the one
that had the blood marks).. and the defense states that the order did
not authorize them to do that..
rpadma12
Mon Dec 15, 2003 4:40 PM PST
another important motion..
this is the one about suicide/drug:
http://www.courts.state.co.us/exec/media/eagle/12-03/defs_motn_admit.pdf
a MUST read.. defense states that the accuser's pattern of behavior
indicates that she tries to gain attention from her ex-boyfriend
through suicides.. and then calls him up to gain sympathy..
defense also suggests that they have proof that similar thing happened
here.. probably phone records. they talk about her dangerous
attention-seeking behavior..
defense states that the sequence of events after those suicide
attempts are strikingly similar to the events after the incident with
Kobe... they have offer of proof
the motion states that the accuser had/has been taking anti-psychotic
drugs.. the defense states that the drug she was prescribed is a
treatment for schizophrenia..
Jackson
Mon Dec 15, 2003 5:30 PM PST
From the above motion:
"If the defendant intends to present any evidence of false reporting
of sexual assaults by the victim, then the prosecution requests that
the defendant comply with the procedures set forth"
|
| |
| |
Some quotes from the motions.
"If the defendant intends to present any evidence of false reporting of
sexual assaults by the victim, then the prosecution requests that the
defendant comply with the procedures set forth"
"Mr. Bryant's Offer of Proof contains relevant and material evidence of
specific instances of the accuser's prior and subsequent sexual conduct."
"The fact that the accuser was recently taking an anti-psychotic medication
that is approved by the federal Drug Administration for the treatment of
schizophrenia"
"as well as her having been treated for psychotic symptoms with a medication
prescribed for schizophrenics"
|
| |
| |
defense also states that Kobe was immobile due to the surgery..
Maybe that's the real reason the victim is pissed, KB just laid there & made
her do all the work?
Go Blazers !
|
| |
| |
"Swillabrew" <dontspam@any.net> wrote in message news:<vtt1gp6ek81qa8@corp.supernews.com>...
Maybe that's the real reason the victim is pissed, KB just laid there & made
her do all the work?
Kobe's surgery occurred after the alleged incident.
Fenster
|
| |
| |
In article <b5e42449.0312160421.21c23c57@posting.google.com>,
Fenster_21stcentury@hotmail.com (Mark Fenster) wrote:
Kobe's surgery occurred after the alleged incident.
Fenster
Didn't he have shoulder surgery shortly prior to 6/3O?
|
| |
| |
Chris Smith wrote:
Didn't he have shoulder surgery shortly prior to 6/3O?
Pretty close to the end of the playoffs, IIRC.
BTW, one thing I was surprised not to read yesterday
was a complaint that the police interviewed Kobe while
he was suffering from post-anesthesia effects.
Larry Coon
University of California
The NBA Salary Cap FAQ:
http://members.cox.net/lmcoon/salarycap.htm
|
| |
| |
In article <3FDF7E22.173C@assist.org>, Larry Coon <lcnospam@assist.org>
wrote:
Chris Smith wrote:
Pretty close to the end of the playoffs, IIRC.
BTW, one thing I was surprised not to read yesterday
was a complaint that the police interviewed Kobe while
he was suffering from post-anesthesia effects.
Larry Coon
Among other complaints... Hopefully, the tidbit about the search warrant
specifying that the police couldn't take items from Kobe's person is true.
If so, it's hard to imagine how the shirt could be admitted if he was indeed
wearing it at the time of the search.
|
| |
| |
In article <3FDF7E22.173C@assist.org>, Larry Coon <lcnospam@assist.org>
wrote:
Among other complaints... Hopefully, the tidbit about the search warrant
specifying that the police couldn't take items from Kobe's person is true.
If so, it's hard to imagine how the shirt could be admitted if he was
indeed
wearing it at the time of the search.
http://www.thesmokinggun.com/archive/kobetrane3.html
Check the prelim transcript. Crittendon says that Kobe "indicated" that the
shirt he had on was the same "shirt he had on on the 30th". "Indicated" is
the key word.
Of course, this means that the shirt had been worn for over 2 days (during a
plane trip, a rape, and then surgery the next day, then hanging out all day
after surgery while never changing his shirt) but I digress.
I now understand why Winters put it that way. Because they had no warrant
to take his clothes and the blood was not "in plain sight", the only excuse
they have is if Kobe consented and gave voluntary info about the shirt which
would create "probable cause". Even though they were only trying to execute
their warrant (which they did not disclose, nor read Kobe his rights), they
only took the shirt because Kobe made them do it.
Will that fly?
|
| |
| |
indeed
http://www.thesmokinggun.com/archive/kobetrane3.html
Check the prelim transcript. Crittendon says that Kobe "indicated" that
the
shirt he had on was the same "shirt he had on on the 30th". "Indicated"
is
the key word.
Of course, this means that the shirt had been worn for over 2 days (during
a
plane trip, a rape, and then surgery the next day, then hanging out all
day
after surgery while never changing his shirt) but I digress.
I now understand why Winters put it that way. Because they had no warrant
to take his clothes and the blood was not "in plain sight", the only
excuse
they have is if Kobe consented and gave voluntary info about the shirt
which
would create "probable cause". Even though they were only trying to
execute
their warrant (which they did not disclose, nor read Kobe his rights),
If he wasn't under arrest they don't have to read him his rights. Some
advice. NEVER speak to the police or answer any questions however innocent.
they
only took the shirt because Kobe made them do it.
Will that fly?
|
| |
| |
In article <6TUDb.1343$LS.18@nwrdny01.gnilink.net>, "avenger"
<stead@avengers.uk> wrote:
If he wasn't under arrest they don't have to read him his rights. Some
advice. NEVER speak to the police or answer any questions however innocent.
Maybe the defense can argue that Kobe only talked to the police because he
knew he didn't do anything illegal.
|
| |
| |
In article <6TUDb.1343$LS.18@nwrdny01.gnilink.net>, "avenger"
<stead@avengers.uk> wrote:
Maybe the defense can argue that Kobe only talked to the police because he
knew he didn't do anything illegal.
They can argue anything they want, but the fact is one doesn't get ones
rights read to 'em unless they are in custody, SOP.
td
|
| |
| |
In article <NS0Eb.5818$3k6.1496@bignews5.bellsouth.net>, "tinydancer"
<tinydancer@nospam.com> wrote:
They can argue anything they want, but the fact is one doesn't get ones
rights read to 'em unless they are in custody, SOP.
td
And that would mean something if I actually contested that fact.
|
| |
| |
"Chris Smith" <chriso728@earthlink.net> wrote:
Among other complaints... Hopefully, the tidbit about the search warrant
specifying that the police couldn't take items from Kobe's person is true.
If so, it's hard to imagine how the shirt could be admitted if he was indeed
wearing it at the time of the search.
Since Kobe admitted at a news conference that they had sex, how
important is the shirt? Is it just for the drop of blood?
--
Stephen
They that can give up essential liberty to obtain a little temporary safety
deserve neither liberty nor safety. Benjamin Franklin
|
| |
| |
In article <0sH4/4HwKVKM092yn@rogers.com>, stephen-d@rogers.com (stephen)
wrote:
"Chris Smith" <chriso728@earthlink.net> wrote:
Since Kobe admitted at a news conference that they had sex, how
important is the shirt? Is it just for the drop of blood?
Yeah. The persecution is going to argue that vaginal bleeding/tearing isn't
indicative of consensual sex.
|
| |
| |
