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Hurlbert to appeal to Supreme Court



s_knight8@hotmail.com (s_knight8)
3/3/2004 7:39:49 AM


http://www.latimes.com/sports/la-sp-bryant3mar03,1,3601032.story?coll=la-headlines-sports
EAGLE, Colo. — The judge in the Kobe Bryant sexual assault case
denied a prosecution attempt to halt the evidentiary hearing on the
rape-shield law Tuesday, and Dist. Atty. Mark Hurlbert indicated he
would appeal the ruling to the Colorado Supreme Court.
Judge Terry Ruckriegle also denied for a second time a motion to limit
the scope of questions that defense attorneys would be allowed to ask
the woman accusing Bryant of rape.
The Supreme Court could consider overturning that ruling as well,
according to prosecution spokeswoman Krista Flannigan. First, however,
the high court must decide whether it will hear the appeal, a decision
that could be made as soon as Friday.
Other developments occurred outside the courtroom. A forensics expert
said it is nearly impossible to determine the age of semen taken in a
rape examination, calling into question a defense allegation that the
accuser had sex with another man less than 15 hours after she said she
was raped by the Laker star.
In open court Monday, defense attorney Hal Haddon said that swabs of
semen taken from the woman were from a man other than Bryant, and he
suggested in a written motion that she had sex with someone else after
the alleged sexual assault and before the rape exam.
The allegation was not new. In a court filing Jan. 12, defense
attorney Pamela Mackey suggested "an intervening sex act." Mackey also
wrote that the woman "told law enforcement that the underwear had been
clean when she put them on, and laundering of the underwear would have
destroyed any semen present."
Pete Mang, a spokesman for the Colorado Bureau of Investigation, said
in an interview Tuesday that the only way to gauge of the age of semen
is to test for sperm, which can remain present for about 72 hours.
That would indicate the defense has no forensic evidence that proves
the woman had sex after the alleged rape.
But Mang also said it would be "highly unusual" for dried semen from
underwear to transfer to a person's body and be detected in a swab.
That would support the defense assertion that the semen from the swab
is from a different sexual episode than the semen on the underwear.
"It is going to be a difficult day for her," legal expert Craig
Silverman said. "She will be asked to name names. She will be asked
where sex took place, the level of force that was used and about her
level of sobriety."
The woman can account for most of the 15-hour period beginning when
she left Bryant's hotel room and ending with her rape examination.
However, testimony indicates bellman Bobby Pietrack followed her home
from the hotel, and the next morning she was alone at home for several
hours before calling her mother at work.
 
 
"Nexus"
3/3/2004 11:37:27 AM


"s_knight8" <s_knight8@hotmail.com> wrote in message news:6bd12cd6.0403030739.37bc8061@posting.google.com...
http://www.latimes.com/sports/la-sp-bryant3mar03,1,3601032.story?coll=la-headlines-sports
EAGLE, Colo. — The judge in the Kobe Bryant sexual assault case
denied a prosecution attempt to halt the evidentiary hearing on the
rape-shield law Tuesday, and Dist. Atty. Mark Hurlbert indicated he
would appeal the ruling to the Colorado Supreme Court.
Judge Terry Ruckriegle also denied for a second time a motion to limit
the scope of questions that defense attorneys would be allowed to ask
the woman accusing Bryant of rape.
The Supreme Court could consider overturning that ruling as well,
according to prosecution spokeswoman Krista Flannigan. First, however,
the high court must decide whether it will hear the appeal, a decision
that could be made as soon as Friday.
Other developments occurred outside the courtroom. A forensics expert
said it is nearly impossible to determine the age of semen taken in a
rape examination, calling into question a defense allegation that the
accuser had sex with another man less than 15 hours after she said she
was raped by the Laker star.
OK maybe you can't put a time stamp on the semen that was found on her body during the rape kit but one would assume
that the girl showers once in awhile and according to her she had sex two full days before the Kobe incident...so either
she didn't shower for three days or she had sex with another partner after Kobe. Pretty clear if I understand the
situation correctly.
In open court Monday, defense attorney Hal Haddon said that swabs of
semen taken from the woman were from a man other than Bryant, and he
suggested in a written motion that she had sex with someone else after
the alleged sexual assault and before the rape exam.
The allegation was not new. In a court filing Jan. 12, defense
attorney Pamela Mackey suggested "an intervening sex act." Mackey also
wrote that the woman "told law enforcement that the underwear had been
clean when she put them on, and laundering of the underwear would have
destroyed any semen present."
Pete Mang, a spokesman for the Colorado Bureau of Investigation, said
in an interview Tuesday that the only way to gauge of the age of semen
is to test for sperm, which can remain present for about 72 hours.
That would indicate the defense has no forensic evidence that proves
the woman had sex after the alleged rape.
But Mang also said it would be "highly unusual" for dried semen from
underwear to transfer to a person's body and be detected in a swab.
That would support the defense assertion that the semen from the swab
is from a different sexual episode than the semen on the underwear.
"It is going to be a difficult day for her," legal expert Craig
Silverman said. "She will be asked to name names. She will be asked
where sex took place, the level of force that was used and about her
level of sobriety."
The woman can account for most of the 15-hour period beginning when
she left Bryant's hotel room and ending with her rape examination.
However, testimony indicates bellman Bobby Pietrack followed her home
from the hotel, and the next morning she was alone at home for several
hours before calling her mother at work.
 
 
"Alex"
3/3/2004 8:02:38 PM


"Nexus" <nexus@at&t.net> schreef in bericht
news:kRn1c.15121$qA2.760811@news20.bellglobal.com...
"s_knight8" <s_knight8@hotmail.com> wrote in message
news:6bd12cd6.0403030739.37bc8061@posting.google.com...
http://www.latimes.com/sports/la-sp-bryant3mar03,1,3601032.story?coll=la-headlines-sports
Other developments occurred outside the courtroom. A forensics expert
said it is nearly impossible to determine the age of semen taken in a
rape examination, calling into question a defense allegation that the
accuser had sex with another man less than 15 hours after she said she
was raped by the Laker star.
OK maybe you can't put a time stamp on the semen that was
found on her body during the rape kit but one would assume
that the girl showers once in awhile and according to her
she had sex two full days before the Kobe incident...so either
she didn't shower for three days or she had sex with another
partner after Kobe. Pretty clear if I understand the
situation correctly.
Don't women usually shower/bathe at least once per day?
Wouldn't that be more often, if they'd had sex?
Here is what right now seems the obvious answer.
She has sex with Kobe. Then, Bobby Pietrack brings
her home - she has sex with Bobby Pietrack. It would
make sense that the semen belongs to him.
Alex
The woman can account for most of the 15-hour period beginning when
she left Bryant's hotel room and ending with her rape examination.
However, testimony indicates bellman Bobby Pietrack followed her home
from the hotel, and the next morning she was alone at home for several
hours before calling her mother at work.
 
 
"Nexus"
3/3/2004 2:28:10 PM


"Alex" <avdeelen.REMOF@wanadoo.nl> wrote in message news:40462d96$0$63143$a344fe98@news.wanadoo.nl...
"Nexus" <nexus@at&t.net> schreef in bericht
news:kRn1c.15121$qA2.760811@news20.bellglobal.com...
news:6bd12cd6.0403030739.37bc8061@posting.google.com...
http://www.latimes.com/sports/la-sp-bryant3mar03,1,3601032.story?coll=la-headlines-sports
Other developments occurred outside the courtroom. A forensics expert
said it is nearly impossible to determine the age of semen taken in a
rape examination, calling into question a defense allegation that the
accuser had sex with another man less than 15 hours after she said she
was raped by the Laker star.
Don't women usually shower/bathe at least once per day?
Wouldn't that be more often, if they'd had sex?
Here is what right now seems the obvious answer.
She has sex with Kobe. Then, Bobby Pietrack brings
her home - she has sex with Bobby Pietrack. It would
make sense that the semen belongs to him.
That would be pretty damning to the prosecution since he is their star witness. Another possibility would be that she
had sex with her ex-boyfriend at some point after the alleged rape which if you follow the all the speculation (because
that is what this all is at this point) would make more sense. I can't remeber where I read it but there was an article
that stated that she may have had sex with Bobby Pietrack prior to the alleged rape.
Alex
The woman can account for most of the 15-hour period beginning when
she left Bryant's hotel room and ending with her rape examination.
However, testimony indicates bellman Bobby Pietrack followed her home
from the hotel, and the next morning she was alone at home for several
hours before calling her mother at work.
 
 
"Alex"
3/3/2004 11:33:27 PM


"Nexus" <nexus@at&t.net> schreef in bericht
news:nlq1c.16050$qA2.782161@news20.bellglobal.com...
"Alex" <avdeelen.REMOF@wanadoo.nl> wrote in message
news:40462d96$0$63143$a344fe98@news.wanadoo.nl...
Don't women usually shower/bathe at least once per day?
Wouldn't that be more often, if they'd had sex?
Here is what right now seems the obvious answer.
She has sex with Kobe. Then, Bobby Pietrack brings
her home - she has sex with Bobby Pietrack. It would
make sense that the semen belongs to him.
That would be pretty damning to the prosecution
since he is their star witness. Another possibility
would be that she had sex with her ex-boyfriend at
some point after the alleged rape which if you follow
the all the speculation (because that is what this all is
at this point) would make more sense.
I thought Pietrack was (one of) her ex-boyfriend(s).
Alex
 
 
"Chris Smith"
3/3/2004 11:16:49 PM


In article <kRn1c.15121$qA2.760811@news20.bellglobal.com>, "Nexus"
<nexus@at&t.net> wrote:
Other developments occurred outside the courtroom. A forensics expert
said it is nearly impossible to determine the age of semen taken in a
rape examination, calling into question a defense allegation that the
accuser had sex with another man less than 15 hours after she said she
was raped by the Laker star.
OK maybe you can't put a time stamp on the semen that was found on her body
during the rape kit but one would assume that the girl showers once in awhile
and according to her she had sex two full days before the Kobe incident...so
either she didn't shower for three days or she had sex with another partner
after Kobe. Pretty clear if I understand the situation correctly.
Here's a possibility. According to SANE, the presence of sperm cells in
semen samples becomes exceedingly difficult to detect (due to deterioration)
starting at about 5+ hours after the assault. If the swabs were initially
tested right after they were taken, perhaps they found some sperm cells.
Such evidence might be able to put a timeframe on when she had sex. Either
that, or the defense managed to get the guy in question to confess or he
told someone about boffing KF the next morning and then that someone passed
it along to the defense. Either that, or KF is simply your average teenage
girl who shows up to work behind the front desk of an elite hotel without
having showered for a few days and wearing crusty panties.
 
 
Fenster_21stcentury@hotmail.com (Mark Fenster)
3/4/2004 8:01:00 AM


s_knight8@hotmail.com (s_knight8) wrote in message news:<6bd12cd6.0403030739.37bc8061@posting.google.com>...
http://www.latimes.com/sports/la-sp-bryant3mar03,1,3601032.story?coll=la-headlines-sports
EAGLE, Colo. — The judge in the Kobe Bryant sexual assault case
denied a prosecution attempt to halt the evidentiary hearing on the
rape-shield law Tuesday, and Dist. Atty. Mark Hurlbert indicated he
would appeal the ruling to the Colorado Supreme Court.
Judge Terry Ruckriegle also denied for a second time a motion to limit
the scope of questions that defense attorneys would be allowed to ask
the woman accusing Bryant of rape.
While Hulbert is within his rights to appeal to the Colorado Supreme
Court, I think it was his inexperience in not responding to defense
claims to limit the scope of questions during the evidentiary hearing
on the
rape-shield law that put him into this bind. The judge gave the
prosecution plenty of time to respond. The prosecution did not
respond in a timely manner.
Fenster
 
 
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