Weather | Sports | Forums | Comics | Classifieds | Calendar | Movies
DENVER - Prosecutors have asked the judge in Kobe Bryant's sexual assault case to put the trial on hold indefinitely, saying courthouse gaffes have crippled the chances for an unbiased jury and suggesting the accuser is not ready to testify against the NBA star.
After the request was made public Wednesday, prosecutors appealed a key ruling in the case to the Colorado Supreme Court. The appeal, if accepted, could lead to a weekslong delay, even if the trial judge denies the request for an indefinite postponement.
Most of the appeal - arguing that the accuser's sexual activities should not be admitted as evidence - was filed under seal.
Legal experts say the request could be the first step toward dropping the case now that the accuser has sued Bryant in civil court for monetary damages. They said the civil case will hurt prosecutors because the defense can argue that the 20-year-old woman is simply after Bryant's money.
"If prosecutors are looking for a face-saving way out, this is it," legal analyst Andrew Cohen said.
Jury selection in the criminal case is scheduled to begin Aug. 27. It was not known when the judge might rule on the request.
In a court filing made public Wednesday, prosecutor Dana Easter said the recent release of closed-door testimony hurt the chances of getting a fair jury. She also said the judge has not yet decided whether the woman's mental health and medical history will be admitted as evidence, leaving prosecutors in limbo on whether to hire more expert witnesses. Easter also accused defense experts of waiting too long to turn over DNA test results.
Easter singled out transcripts from a June hearing that were mistakenly e-mailed to seven news organizations. The media outlets won a court fight with the judge to publish the details, including a defense expert's explanation on why she believes the accuser had sex with someone after her encounter with Bryant and before she was examined at a hospital - a claim the woman's attorney has denied.
The widely publicized allegation was "extremely harmful" to the prosecution's case, Easter said, and District Judge Terry Ruckriegle's strict gag order has prevented prosecutors from responding.
Prosecutors filed their request for a delay on Tuesday, the same day attorneys for the accuser filed the lawsuit against Bryant in federal court seeking compensatory damages of at least $75,000 and unspecified punitive damages.
Experts said it was unlikely Ruckriegle will agree to a delay at such late notice. Nearly 1,000 Eagle County residents have been mailed jury summonses, witnesses from around the country have been scheduled to testify, and the judge and attorneys on both sides have cleared their calendars for September, said Craig Silverman, a former prosecutor following the case.
"It is an incredible logistical task to reschedule all of this," he said. "What will happen is once the continuance is denied, I would not be surprised if the prosecution throws up its hands and says "Well, then, we cannot proceed.' "
Norm Early, a former Denver district attorney, suggested prosecutors would like more time for publicity on the closed-door hearing details to fade.
"It will be like so many other things in this case where people remember having heard something, are not sure what it was and are left with an impression," Early said. "That is a situation with which the prosecution I think can live. However, having that information as immediate and as fresh as it is quite another story."