|
http://www.vailtrail.com/newsdetail.cfm?NewsID=1849
"The idea of a rape shield is a bit of a misnomer," said Craig
Silverman, a former Denver prosecutor turned Kobe pundit. "It is more
like a 'rape gate' with the judge as the gatekeeper."
If Bryant's team is right — and history shows the tenacious
tandem of Hadden and Pam Mackey know their business — then
evidence of a sexual romp or a post-Kobe sexcapade could be very
relevant in this case.
Feminists and "Queer Eye" fans can gripe all they want about an unfair
attack on an alleged victim’s reputation. But it seems as if
this case has reached its tipping point in favor of Number 8.
"This case might soon be over," Silverman predicted. "I don't know if
the prosecution will be able to put her (the accuser) on the stand (at
trial) given what she could be opening herself up to."
Even conservative big mouth Bill O'Reilly opined last week on Fox that
the case is in trouble. If the post-Kobe sex claim is true then the
prosecution is DOA, The Lord of the No-Spin declared.
He's not alone. Most members of the media pack covering the case think
Bryant will walk in the end.
Prosecutors meantime allege the accuser suffered Post-Traumatic Stress
Disorder as a result of the ordeal. Perhaps that explains why she may
have slept with another fellow after the alleged rape.
"If she really did have sex with another man after Kobe, but before
she went to the cops, then any reasonable person would have to
seriously question the provability of the rape charge," Silverman
said. "Apparently, the prosecution, out of a superabundance of
political correctness, has not asked their witness what is going on.
They think it is incorrect to ask her about her sex life. They are
doing her no favors by avoiding the subject. I don't see how or why a
prosecutor would go forward if that came in."
"It will be X-rated," Silverman said. "Not only will she be asked
about other sex acts with other men, but she’s going to be asked
about the foreplay that preceded those sex acts. She'll be asked about
sexual positions and other things that no normal person would want to
answer, let alone under oath."
"Evidence that the accuser engaged in multiple acts of sexual
intercourse in the 72 hours preceding the sexual assault physical
examination is relevant to the prosecution's expert opinion that the
minor abrasions observed on the accuser are 'diagnostic' of sexual
assault," Team Kobe stated in a legal brief.
"Evidence that the accuser engaged in sexual intercourse within the
two days preceding and within less than 15 hours following her
encounter with Mr. Bryant is relevant and admissible, because it is
necessary to complete the story of the alleged crime for the jury,"
the motion added.
"The defense in this case has been provided with more private and
privileged information than almost any case," the prosecution wrote in
an effort to sway Ruckriegle. "Yet, the defense seeks more. They are
not entitled to more information from this victim. She has revealed
all possible relevant information."
|
| |
| |
|
