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http://sports.espn.go.com/nba/news/story?id=1890048
EAGLE, Colo. -- The man who brought the rape charge against Kobe Bryant said
Tuesday that prosecutors came across at least some evidence suggesting the
Los Angeles Lakers star was innocent of assaulting a Vail-area resort
employee last summer.
The disclosure by district attorney Mark Hurlbert came in a response to
criticism from the defense that such exculpatory material wasn't shared by
prosecutors before the charge was dismissed at the alleged victim's request
earlier this month.
Bryant's attorneys "contend that we suppressed exculpatory evidence,"
Hurlbert wrote. "Nothing could be further from the truth. Any exculpatory
evidence that came into our possession, and there was very little, was
turned over to the defense.''
Hurlbert did not provide details of the evidence.
In its filing, the defense said the Colorado Bureau of Investigation gave
the prosecution evidence suggesting Bryant's innocence and that the accuser
retracted some of her statements to investigators a month before Bryant's
trial was scheduled to start. The defense also did not detail the alleged
retractions.
The sharp exchange between Hurlbert and defense attorney Pamela Mackey
centers in large part on claims that details about evidence and the accuser,
now 20, were leaked throughout the case. The defense reversed course this
week and called for releasing every case file, saying it would show how
shoddy and unprofessional the prosecution was.
Hurlbert fired back, saying Bryant's attorneys were as responsible as anyone
for leaks -- usually in open court -- and were now trying to tar authorities
with "half-truths and outright lies."
"They have no compunction of violating several innocent people's privacy
rights on a whim," Hurlbert wrote. "The hypocrisy is staggering, especially
when considering that much of this information was already leaked by the
(defense)."
Hurlbert also said it was up to him and the sheriff to determine whether
every detail should be released, as Mackey had urged. Hurlbert and the
woman's attorneys have long said her name, medical history and sex life
should be sealed.
"During the 14 months of the criminal case, bit by bit, unflattering
information about the victim was leaked to the press," Hurlbert wrote. "Much
of this information was brazenly leaked by (defense attorney Hal) Haddon and
Ms. Mackey in open court or in their motions. The trial court did nothing
despite repeated requests."
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"s_knight8" <s_knight8nospam@hotmail.com> schreef in bericht
news:cjeg3e$g32@dispatch.concentric.net...
http://sports.espn.go.com/nba/news/story?id=1890048
"During the 14 months of the criminal case, bit by bit, unflattering
information about the victim was leaked to the press," Hurlbert wrote. "Much
of this information was brazenly leaked by (defense attorney Hal) Haddon and
Ms. Mackey in open court or in their motions. The trial court did nothing
despite repeated requests."
What a sore loser. The defense did it. The court did it.
How about this: Hurlbert went forward with an unwinnabl
case. The best they could have hoped for was a hung jury.
I think that became pretty clear when they started jury selection.
Many of the jurors Hurlbert wanted to depend on to find
Kobe guilty openly stated they didn't think he did it.
And yet, only when the accuser called him and refused
to testify in her own case _because she had become pregnant_
(not because of the umpteenth leaking of her name, as
Hurlbert LIED), did he rush over to drop the case.
If Hurlbert had any ethics of backbone, he would have
told his sheriff to take a hike and would have rebuked
him for going to a judge behind his back.
That way, he could have waited with filing charges
until the dna evidence was in.
Alex
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"They have no compunction of violating several innocent people's privacy
rights on a whim," Hurlbert wrote.
You mean -- innocent people such as the accused?
"The hypocrisy is staggering,
I'll say!!!
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Fixed your lying subject line.
In article <cjeg3e$g32@dispatch.concentric.net>,
s_knight8 <s_knight8nospam@hotmail.com> wrote:
http://sports.espn.go.com/nba/news/story?id=1890048
EAGLE, Colo. -- The man who brought the rape charge against Kobe Bryant said
Tuesday that prosecutors came across at least some evidence suggesting the
Los Angeles Lakers star was innocent of assaulting a Vail-area resort
employee last summer.
The disclosure by district attorney Mark Hurlbert came in a response to
criticism from the defense that such exculpatory material wasn't shared by
prosecutors before the charge was dismissed at the alleged victim's request
earlier this month.
Bryant's attorneys "contend that we suppressed exculpatory evidence,"
Hurlbert wrote. "Nothing could be further from the truth. Any exculpatory
evidence that came into our possession, and there was very little, was
turned over to the defense.''
Hurlbert did not provide details of the evidence.
In its filing, the defense said the Colorado Bureau of Investigation gave
the prosecution evidence suggesting Bryant's innocence and that the accuser
retracted some of her statements to investigators a month before Bryant's
trial was scheduled to start. The defense also did not detail the alleged
retractions.
The sharp exchange between Hurlbert and defense attorney Pamela Mackey
centers in large part on claims that details about evidence and the accuser,
now 20, were leaked throughout the case. The defense reversed course this
week and called for releasing every case file, saying it would show how
shoddy and unprofessional the prosecution was.
Hurlbert fired back, saying Bryant's attorneys were as responsible as anyone
for leaks -- usually in open court -- and were now trying to tar authorities
with "half-truths and outright lies."
"They have no compunction of violating several innocent people's privacy
rights on a whim," Hurlbert wrote. "The hypocrisy is staggering, especially
when considering that much of this information was already leaked by the
(defense)."
Hurlbert also said it was up to him and the sheriff to determine whether
every detail should be released, as Mackey had urged. Hurlbert and the
woman's attorneys have long said her name, medical history and sex life
should be sealed.
"During the 14 months of the criminal case, bit by bit, unflattering
information about the victim was leaked to the press," Hurlbert wrote. "Much
of this information was brazenly leaked by (defense attorney Hal) Haddon and
Ms. Mackey in open court or in their motions. The trial court did nothing
despite repeated requests."
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tjab <tjab@wam.umd.edu> wrote in message news:cjfrt8$t1l@rac1.wam.umd.edu...
Fixed your lying subject line.
Yep, very little.
http://www.9news.com/newsroom/kobe/mackey-hurlbertletters97804.pdf
The results of the investigation into the hangingman.com t-shirts which
differ from your office's original representations in a letter dated
November 26,2003.
Exculpatory evidence provided to the prosecution by CBI including Agent
Wood's conclusions about the veracity of the complaining witness as
discussed with Ms. Easter in February 2004.
Exculpatory information from Dr. Baden.
Information concerning your office's failure to test evidence.
Records detailing the District Attorney's office involvement in securing
Crime Victim Compensation ("CVC") funds for the complaining witness.
The CVC records and representations contained therein by the complaining
witness and her attorney in order to secure CVC funds.
Detective Winters' July 7, 2003 Supplemental Report in which he summarizes
the statement of a witness and the subsequent confrontation of that witness
when he concludes, in the words of Detective Winters, that the witness lied
to him about the extent of his relationship with the complaining witness.
Detective Winters' July 10, 2003 Supplemental Report in which he records
what the complaining witness revealed about her psychiatric history, and
about her explanations and comments on biological evidence noted by CBI on
clothing collected from the complaining witness.
The prosecution's investigation into the allegations made by the defense in
its three offers of proof submitted pursuant to the Colorado Rape Shield
statute concerning the complaining witness' prior and subsequent sexual
conduct.
Discovery pages 1985-1991 where Gerald Sandberg reported the content of his
interviews with several of the witnesses called at the Rape Shield hearing.
The notes and chart developed by the prosecution concerning the allegations
of specific sexual conduct. Such notes and chart were provided to the
defense upon order of the court.
Results of DNA analysis of a sample voluntarily provided by one of the
witnesses.
Telephone records detailing calls between one of the witnesses and the
complaining witness.
Text messages of one of the witnesses.
Affidavit from the suitemate of the complaining witness.
Letter from complaining witness dated July 31, 2004 retracting portions of
her statements given on July 1 and September 12, 2003.
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In article <cjfspm$6pb@dispatch.concentric.net>,
Don Tiberone <DonTiberoneNOSPAM@SKP.net> wrote:
tjab <tjab@wam.umd.edu> wrote in message news:cjfrt8$t1l@rac1.wam.umd.edu...
Yep, very little.
http://www.9news.com/newsroom/kobe/mackey-hurlbertletters97804.pdf
The results of the investigation into the hangingman.com t-shirts which
differ from your office's original representations in a letter dated
November 26,2003.
Exculpatory evidence provided to the prosecution by CBI including Agent
Wood's conclusions about the veracity of the complaining witness as
discussed with Ms. Easter in February 2004.
Exculpatory information from Dr. Baden.
Information concerning your office's failure to test evidence.
Records detailing the District Attorney's office involvement in securing
Crime Victim Compensation ("CVC") funds for the complaining witness.
The CVC records and representations contained therein by the complaining
witness and her attorney in order to secure CVC funds.
Detective Winters' July 7, 2003 Supplemental Report in which he summarizes
the statement of a witness and the subsequent confrontation of that witness
when he concludes, in the words of Detective Winters, that the witness lied
to him about the extent of his relationship with the complaining witness.
Detective Winters' July 10, 2003 Supplemental Report in which he records
what the complaining witness revealed about her psychiatric history, and
about her explanations and comments on biological evidence noted by CBI on
clothing collected from the complaining witness.
The prosecution's investigation into the allegations made by the defense in
its three offers of proof submitted pursuant to the Colorado Rape Shield
statute concerning the complaining witness' prior and subsequent sexual
conduct.
Discovery pages 1985-1991 where Gerald Sandberg reported the content of his
interviews with several of the witnesses called at the Rape Shield hearing.
The notes and chart developed by the prosecution concerning the allegations
of specific sexual conduct. Such notes and chart were provided to the
defense upon order of the court.
Results of DNA analysis of a sample voluntarily provided by one of the
witnesses.
Telephone records detailing calls between one of the witnesses and the
complaining witness.
Text messages of one of the witnesses.
Affidavit from the suitemate of the complaining witness.
Letter from complaining witness dated July 31, 2004 retracting portions of
her statements given on July 1 and September 12, 2003.
So let's see all this and see how much of it is truly exculpatory.
(See http://m-w.com/cgi-bin/dictionary?book=Dictionary&va=exculpate
for the difference between exculpate, exonerate, and vidicate.)
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In article <cjfrt8$t1l@rac1.wam.umd.edu>
tjab@wam.umd.edu (tjab) wrote:
Fixed your lying subject line.
Little or lots, it means that there were exculpatory evidence in this
case.
That blows whatever was left of the DA's credibility along with any
hopes of anyone like you for Kobe to be guilty.
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Yep, very little.
http://www.9news.com/newsroom/kobe/mackey-hurlbertletters97804.pdf
The results of the investigation into the hangingman.com t-shirts which
differ from your office's original representations in a letter dated
November 26,2003.
Exculpatory evidence provided to the prosecution by CBI including Agent
Wood's conclusions about the veracity of the complaining witness as
discussed with Ms. Easter in February 2004.
Exculpatory information from Dr. Baden.
Information concerning your office's failure to test evidence.
Records detailing the District Attorney's office involvement in securing
Crime Victim Compensation ("CVC") funds for the complaining witness.
The CVC records and representations contained therein by the complaining
witness and her attorney in order to secure CVC funds.
Detective Winters' July 7, 2003 Supplemental Report in which he summarizes
the statement of a witness and the subsequent confrontation of that
witness
when he concludes, in the words of Detective Winters, that the witness
lied
to him about the extent of his relationship with the complaining witness.
Detective Winters' July 10, 2003 Supplemental Report in which he records
what the complaining witness revealed about her psychiatric history, and
about her explanations and comments on biological evidence noted by CBI on
clothing collected from the complaining witness.
The prosecution's investigation into the allegations made by the defense
in
its three offers of proof submitted pursuant to the Colorado Rape Shield
statute concerning the complaining witness' prior and subsequent sexual
conduct.
Discovery pages 1985-1991 where Gerald Sandberg reported the content of
his
interviews with several of the witnesses called at the Rape Shield
hearing.
The notes and chart developed by the prosecution concerning the
allegations
of specific sexual conduct. Such notes and chart were provided to the
defense upon order of the court.
Results of DNA analysis of a sample voluntarily provided by one of the
witnesses.
Telephone records detailing calls between one of the witnesses and the
complaining witness.
Text messages of one of the witnesses.
Affidavit from the suitemate of the complaining witness.
Letter from complaining witness dated July 31, 2004 retracting portions of
her statements given on July 1 and September 12, 2003.
Any evidence tending to prove the innocence of a man accused of rape
is by definition "very little" to tjab.
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In article <u83nl0tkp103885rhfg2j036iib0as3unc@4ax.com>,
Sports Fan <sports@fan.home> wrote:
In article <cjfrt8$t1l@rac1.wam.umd.edu>
tjab@wam.umd.edu (tjab) wrote:
Little or lots, it means that there were exculpatory evidence in this
case.
Here's an example of "exculpatory evidence" : someone says the two one
centimeter lacerations don't *necessarily* prove rape.
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In article <0FM6d.15694$54.239642@typhoon.sonic.net>,
Michael Snyder <msnyder@redhat.com> wrote:
Any evidence tending to prove the innocence of a man accused of rape
is by definition "very little" to tjab.
"Very little" comes not from me but from the article that Don Tiberone cited.
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In article <cjgv5c$98h@rac2.wam.umd.edu>
tjab@wam.umd.edu (tjab) wrote:
In article <u83nl0tkp103885rhfg2j036iib0as3unc@4ax.com>,
Sports Fan <sports@fan.home> wrote:
Here's an example of "exculpatory evidence" : someone says the two one
centimeter lacerations don't *necessarily* prove rape.
Keep hanging on straws.
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