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Defense files motion to dismiss



"s_knight8"
9/1/2004 11:25:06 AM


http://abcnews.go.com/sections/GMA/US/kobe_bryant_motion_040901-1.html
Sept. 1, 2004 - Kobe Bryant's defense team has asked the judge presiding
over his rape trial to dismiss the sexual assault charge, even as
prospective jurors are being questioned, ABC News has learned.
Bryant's attorneys filed a motion claiming that prosecutors intentionally
withheld information favorable to the basketball star. ABC News has learned
the information concerns the expert opinions of nationally known medical
examiner Dr. Michael Baden.
Baden was retained by prosecutors earlier this year to bolster their
argument that the alleged victim's genital injuries proved that Bryant raped
her. But sources familiar with the case say Baden disagreed, telling
prosecutors that the minor lacerations and bruising could have come from
consensual sex.
Prosecutors then dropped Baden as a possible witness, which made defense
attorneys suspicious, the sources said.
When asked about this two weeks ago, prosecutors told the court that Baden's
conclusions were not helpful to Bryant.
Now, the defense argues that withholding this information is so damaging to
their client that the charge should be dismissed. Prosecutors say they
cannot comment because of a gag order in the case, but they will file a
response.
According to legal analysts, motions to dismiss are not unusual in such
cases, though they are rarely granted. But Judge Terry Ruckriegle could
prohibit prosecutors from arguing that the alleged victim's injuries are
evidence of rape.
 
 
"Alex"
9/1/2004 9:12:18 PM


"s_knight8" <s_knight8nospam@hotmail.com> schreef in bericht
news:ch4pki$p9@dispatch.concentric.net...
http://abcnews.go.com/sections/GMA/US/kobe_bryant_motion_040901-1.html
Sept. 1, 2004 - Kobe Bryant's defense team has asked the judge presiding
over his rape trial to dismiss the sexual assault charge, even as
prospective jurors are being questioned, ABC News has learned.
Bryant's attorneys filed a motion claiming that prosecutors intentionally
withheld information favorable to the basketball star. ABC News has learned
the information concerns the expert opinions of nationally known medical
examiner Dr. Michael Baden.
Baden was retained by prosecutors earlier this year to bolster their
argument that the alleged victim's genital injuries proved that Bryant raped
her. But sources familiar with the case say Baden disagreed, telling
prosecutors that the minor lacerations and bruising could have come from
consensual sex.
There's another prosecution witness who's going to appear for the defense.
Prosecutors then dropped Baden as a possible witness, which made defense
attorneys suspicious, the sources said.
When asked about this two weeks ago, prosecutors told the court that Baden's
conclusions were not helpful to Bryant.
Now, the defense argues that withholding this information is so damaging to
their client that the charge should be dismissed. Prosecutors say they
cannot comment because of a gag order in the case, but they will file a
response.
According to legal analysts, motions to dismiss are not unusual in such
cases, though they are rarely granted. But Judge Terry Ruckriegle could
prohibit prosecutors from arguing that the alleged victim's injuries are
evidence of rape.
So why argue them at all? If they're out, so is the so-called
bloodstained shirt. Is it me, or did this case just get even
weaker?
Alex
 
 
Polk
9/1/2004 9:30:34 PM


On 2004-09-01, s_knight8 <s_knight8nospam@hotmail.com> wrote:
http://abcnews.go.com/sections/GMA/US/kobe_bryant_motion_040901-1.html
Sept. 1, 2004 - Kobe Bryant's defense team has asked the judge presiding
over his rape trial to dismiss the sexual assault charge, even as
prospective jurors are being questioned, ABC News has learned.
So Eagle County, CO spent $500,000 and all they got
was a bunch of lousy Kobe hangman T-Shirts?
 
 
"Bo Raxo"
9/1/2004 10:29:05 PM




"Polk" <polk@slow-polk-.com> wrote in message
news:2pmtbqFmfhfuU2@uni-berlin.de...

On 2004-09-01, s_knight8 <s_knight8nospam@hotmail.com> wrote:
So Eagle County, CO spent $500,000 and all they got
was a bunch of lousy Kobe hangman T-Shirts?
Actually, the figure I heard today was 10% of their $2.1 million dollar
budget, so $210K
 
 
"Chas"
9/1/2004 4:44:17 PM


"Bo Raxo" <invasions_r_us@thepentagon.removethis.com> wrote
So Eagle County, CO spent $500,000 and all they got
was a bunch of lousy Kobe hangman T-Shirts?
Actually, the figure I heard today was 10% of their $2.1 million dollar
budget, so $210K
And the t-shirts are worth $150@; just a few more sales and they'll break
even.
Chas
 
 
"Bo Raxo"
9/1/2004 10:51:35 PM




"Chas" <chasclementsSPOOF@comcast.net> wrote in message
news:lMadncR34PtQzavcRVn-tg@comcast.com...

"Bo Raxo" <invasions_r_us@thepentagon.removethis.com> wrote
So Eagle County, CO spent $500,000 and all they got
was a bunch of lousy Kobe hangman T-Shirts?
And the t-shirts are worth $150@; just a few more sales and they'll break
even.
Chas
The only winners are Kobe's wife, and his jeweler.
 
 
"S. O. Damocles"
9/1/2004 6:20:37 PM


s_knight8 wrote:
http://abcnews.go.com/sections/GMA/US/kobe_bryant_motion_040901-1.html
Sept. 1, 2004 - Kobe Bryant's defense team has asked the
judge presiding over his rape trial to dismiss the sexual
assault charge, even as prospective jurors are being
questioned, ABC News has learned.
Said Kobe "the criminal adulterer" Bryant:
"Sheeeit, dat white mountane pussy sho eeez 'spenseeve.
Imagonna steeek wid my Hispanic wyfe fro
now on, shee only be costin $7,000,000 to git me sum."
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.
Attorney Lin Wood said the civil suit will continue.
Wood, prosecutors and members of the basketball star's
defense team met Wednesday with Judge Terry Ruckriegle.
Prosecutors plan to hold a news conference later.
One legal analyst has already spoken out, 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?" said
CNN senior legal analyst Jeffrey Toobin. "It is a disgrace
that these prosecutors have brought a case on such flimsy
grounds."
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
now-20-year-old accuser, then a desk clerk at the resort
where he was staying. But Bryant, who is married, has said
the encounter was consensual.
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.
Asked Monday how Bryant's accuser felt now that jury
selection has begun, John Clune, the woman's attorney, told
CNN, "She is scared."
 
 
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