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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.
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"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
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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?
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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
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"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
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"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.
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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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