Bryant Accuser's Attorneys Say Matter Isn't Settled
Lawyers Turn Up Heat on Kobe, Say They Expect Civil Case to Be Litigated
[size=8]By JON SARCHE, AP Sports[/size]
DENVER (Sept. 7) -- Attorneys for the woman accusing National Basketball All-Star Kobe Bryant of rape went on a public relations offensive Tuesday, appearing on network television to bolster her public image and dispel speculation that a settlement is in the works in her civil lawsuit against the Los Angeles Lakers guard.
"We fully expect that case to be aggressively litigated," attorney John Clune said on the CBS television network's "Early Show."
The criminal case against Bryant was dropped last week, but the civil suit seeking an unspecified dollar amount is pending in Denver federal court. In separate television appearances, Clune and attorney Lin Wood said the civil case is a strong one.
Experts said Clune and Wood were seeking to pressure Bryant, possibly by suggesting that damaging or embarrassing information about him might come out if the lawsuit goes to trial.
"It's all an effort to manipulate public opinion with a long-term goal of procuring from Bryant a greater monetary settlement," Denver attorney Scott Robinson said. "I'd be doing the same thing."
In their TV appearances, Clune and Wood said there have been no talks about settling the civil case since the felony sexual assault charge was dropped.
On NBC television network's "Today Show," Wood stressed that the standard of proof in civil court is a "preponderance of evidence," rather than the tougher standard in criminal trials, where prosecutors must convince the jury beyond a reasonable doubt.
Wood and Clune said their client was a normal woman caught up in abnormal circumstances.
"She made some mistakes," Wood said. "This young girl was a true victim and (the public) will feel very sorry for what she had to go through and what her family went through over the last year and will have to put up (with) for the rest of her life. It's a real tragedy."
The attorneys did not return calls from The Associated Press.
It was at least the second time they went on national TV. Shortly before the lawsuit was filed Aug. 10, Clune and Wood criticized the court for mistakes, including the release of her name and of closed-court testimony by a defense DNA expert.
Bryant has not yet formally responded to the lawsuit. His criminal defense attorneys did not return a call, and it was unclear who will represent him in the civil case.
In the lawsuit, the 20-year-old woman claims that after she flirted with Bryant and kissed him in his room at the Vail-area resort where she worked last summer, he became violent and raped her.
She is seeking damages for pain and emotional distress she says she has suffered since her accusation became public 14 months ago.
The civil suit is similar to the criminal case, which prosecutors dropped last week as the final phase of jury selection was set to begin in Eagle County district court.
Prosecutors said they dropped the charge at the woman's request because she was no longer willing to testify. Repeated court mistakes made her doubt the criminal justice system could protect her, Clune has said.
As part of the dismissal, Bryant released an apology in which he said he believes they had consensual sex but can understand why she believed it was rape. The statement said the woman agreed not to use his apology against him in the civil case.
Larry Pozner, a Denver attorney and former president of the National Association of Criminal Defense Lawyers, said Clune and Wood are unlikely to be able to put additional pressure on Bryant in the civil case.
"(The plaintiff has) the same leverage as in every other civil case: Is it worth your time, money and brain damage to continue in the civil case?" Pozner said. "For a guy like Kobe Bryant, who has enough money and other things to occupy his time, there is some number he pays just to make it go away, just to have peace of mind."
I notice that there isn't any mention of any cap but it's pretty obvious that the accuser and her lawyers are striving to get around this cap, should there be one. With dual goals: 1) to help bolster the accusers public image and 2) to put pressure on Bryant and what's left of his "image" to make this thing go away with a civil trial. The second of these goals seem to find away around the civil cap and BOTH give credance to reasons why the accuser insisted on Bryant's apology. I don't feel bad for Kobe - Kobe is going to pay and pay dearly for this -- and deserved so. And remember, as much as he pays to the accuser (okay, do the accusers lawyers get half or three-quarters of what she will get), he will pay MORE to his wife!
