21 MRS. MACKEY: Your Honor, Mr. Bryant regrets that
22 he could not be here today. He did not know that this was
23 going to happen this afternoon and had gone home to be with
24 his family. I have spoken with him, and he has given me
25 authority to speak on his behalf. Mr. Bryant agrees with
10
1 this dismissal, a dismissal with prejudice of the charge
2 against him, a charge to which he has pled not guilty, a
3 charge that he steadfastly denies. He is innocent.
4 Mr. Bryant is thankful that this proceeding has
5 come to an end. For him as well it has been a long and
6 painful process.
7 As the Court knows, we are in the midst of jury
8 selection, Mr. Bryant has a right to speedy trial.
9 Mr. Bryant agrees to an order dismissing this
10 matter with prejudice, with the understanding that at no
11 time will this case ever be refiled.
12 Mr. Bryant has asked me to specifically thank this
13 Court, this staff, and the citizens of Eagle County. We
14 firmly believe that had we gone to trial, we would have
15 received a fair trial from a fair and impartial jury of
16 citizens of Eagle County.
17 We ask that the Court grant the motion to dismiss.
18 Thank you, Judge.
Now, this is what Mackey said as Hurlbert was requesting that all charges
against Kobe be dropped.
Then the Judge made his comments:
23 Having reviewed the motion, having heard the
24 representations of the district attorney, and Mr. Clune on
25 behalf of the victim, I find that there is no evidence, let
15
1 alone clear and convincing evidence, that the interests of
2 the defendant or the public would be jeopardized by granting
3 the district attorney's request.
Apparently, the judge found no evidence, let alone clear and convincing
evidence, that this whole farce should not be dropped.
Case dismissed.