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http://sports.yahoo.com/nba/news?slug=ap-bryantcase&prov=ap&type=lgns
EAGLE, Colo. (AP) -- The rape case against Kobe Bryant finally fell to
pieces shortly after 11 a.m. on Wednesday, when his accuser called District
Attorney Mark Hurlbert to say she had had enough and would no longer
cooperate.
The call set in motion a series of phone calls and meetings that ended with
the charges being thrown out little more than eight hours later.
But the truth is, the prosecution had seemed to be on the defensive for
nearly a year. And some observers say the case should never have been
brought by the D.A.
``This case started on the wrong foot, and it has been limping ever since,''
said Scott Robinson, a Denver defense attorney who followed the proceedings
from the beginning. ``It was a mistake to file this case to begin with.''
Had Hurlbert done his homework, critics say, he would have discovered the
young woman had been treated for psychiatric problems and was considered an
attention-seeking flirt by some of her self-described friends.
During the preliminary hearing in October, Bryant defense attorney Pamela
Mackey nearly brought down the house by suggesting the woman's injuries
could have been caused by having sex ``with three different men in three
days.''
All of this had been thoroughly played in the media long before Hurlbert's
telephone rang this week. His spokeswoman, Krista Flannigan, said the call
left him with no choice but to pull the plug.
``Her basic statement was that she did not want to go forward,'' she said.
``She cited the cumulative stress over the past 14 months.''
Flannigan and the woman's attorney, John Clune, both declined to describe
what was said during the call or the woman's demeanor. But Clune said no one
tried to talk his 20-year-old client out of her decision.
``People tried to make her understand ramifications of going forward or not
going forward to help her make the most intelligent decision,'' he said.
``These types of cases and decisions can have such long-term effects, even
as her attorney you can't tell her what she should do.''
He added: ``You can just arm her with as much information as possible to
help her make the best decision she can make.''
Former prosecutor Norm Early said Hurlbert had a duty to file the assault
charge, but also a duty to dismiss it the minute he knew he couldn't win.
``If a prosecutor believes in the credibility of a victim in a one-on-one
sexual assault allegation, and they believe she is credible and that he has
proof beyond a reasonable doubt, that prosecutor has a duty to allow that
case into the system,'' he said.
``Once that case is filed, it's also the prosecutor's duty to monitor the
evidence to make sure it does not fall below the standard of reasonable
doubt. Once the victim said enough is enough, the prosecutor could no longer
meet that standard.''
Her final demand was an apology from Bryant, and he quickly agreed -- as
long as it was not made part of the civil suit.
Clune said the apology was a key part of the closed-door negotiations in the
courthouse on Wednesday when everyone thought jury selection was simply
wrapping up. Bryant had already left town.
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