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http://www.vaildaily.com/apps/pbcs.dll/article?AID=/20040909/NEWS/40909004
About 11 a.m., Sept. 1, eight hours before Hurlbert met the media for the
last time as Kobe Bryant's prosecutor, he spent an hour on the phone with
the young woman who accused Bryant of raping her. It was not the first time
she'd told him she could not go on, but it would be the last.
"It was not our first conversation about that," said Hurlbert. "We'd already
had a couple conversations when I implored upon her to reconsider and she
said she would."
"She sounded conflicted. She knew the importance of going forward, but was
at the end of her rope," said Hurlbert. "In any rape case, when you're
getting ready to go to trial you constantly check in with the victim and
keep her apprised of everything.
"Her testimony was important, but it was never going to get down to one
person's word against the other's," said Hurlbert.
"There was so much good, credible evidence in this case. There was certainly
other evidence that would have been introduced at trial," said Hurlbert.
"Bryant's statements have not yet been heard by the public. Her outcry, her
demeanor. There was strong evidence, and it was a strong case.
"Compared to other cases I've won, it stacks up well," he added.
He and the other prosecutors put the alleged victim through practice
questioning. Hurlbert said she did fine.
"We knew we could not prove the case beyond a reasonable doubt without the
victim willing to go forward," said Hurlbert.
"It was not about the money," he said. "The civil case would have had no
effect."
When it came to the criminal case, Hurlbert said he was confident he had all
his "ducks in a row," and that he was less undecided about filing the
charges and going forward than he was with dealing with all the other
issues, such as media.
The media was fair at times, he said, but the legal analysts were far less
fair than they should have been.
"It's easy to Monday morning quarterback and say it was a waste of money,
but from the time we filed the charges to when the victim said she could not
go forward, we were confident in our case," he said.
Hurlbert said despite what the talking heads insinuated, they'd won all
three major rulings: medical records, rape shield and suppression of
evidence.
Prosecutors say there was no sexual activity. Bryant's defense attorneys say
different.
"The 72-hour window was not a big deal, given all the evidence in this
case," said Hurlbert.
"I can't think of a rape case where I haven't done a mock examination," said
Hurlbert. "Between she and (bellman) Bob Pietrack, we had great confidence
in our witnesses."
The district attorneys in Boulder and Jefferson counties loaned him Ingrid
Bakke and Dana Easter respectively, and Hurlbert said many experts wanted in
for free to cheap "because they believed in our side."
"This has been prosecution at the highest level, dealing with the minutiae
of the rape shield law, mental health and medical records," said Hurlbert.
"This level taught me a great deal about defending against attacks on those
statutes."
"Given the information I had at the time, I would file the charges again,"
he said. "In any case it's a constant evaluation based on many things -
rulings, motions, reasonable doubt. It comes down to two things, did a crime
occur and can we prove it?
"The people of Eagle County were able to make that distinction based on the
evidence and we could have gotten a fair trial in Eagle County," Hurlbert
said. "I still believe we could prove the case beyond a reasonable doubt."
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Examine the following two statements:
"Her testimony was important, but it was never going to get down to one
person's word against the other's," said Hurlbert.
"We knew we could not prove the case beyond a reasonable doubt without the
victim willing to go forward," said Hurlbert.
Anyone else see a contradiction here?
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"Eric Steinberg" <estein@pacbell.net> schreef in bericht
news:kVo0d.13947$QJ3.9785@newssvr21.news.prodigy.com...
Examine the following two statements:
Anyone else see a contradiction here?
Actually, the DA talking out of both sides of his mouth
is very consistent.
"Given the information I had at the time, I would file the charges again,"
he said. "
I guess it will be up to the voters of Eagle County to
decide whether they want to see their money wasted again.
Alex
http://www.vaildaily.com/apps/pbcs.dll/article?AID=/20040909/NEWS/40909004
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