What does this mean for Kobe?

[Guest_Randy]

Defense Says Lab Results Support Kobe Bryant

EAGLE, Colo. (May 27) -- Kobe Bryant arrived in court Thursday for a hearing at which his defense team was expected to attack the police work that led to a sexual assault charge against the NBA star.
Bryant's attorneys are also expected to tell the court that DNA evidence from the prosecution's own laboratory supports their theory a 19-year-old woman who has accused the basketball star of rape had consensual sex with another man only hours after she said she was raped.
Bryant has denied he raped the woman June 30 at a Colorado resort where she worked and he was staying while he had outpatient knee surgery.
On Wednesday, MSNBC reported fresh sperm and semen were found inside the woman's body from samples given during a rape examination and that such evidence would prove she had sex with another man within hours after the incident with Bryant.
The DNA evidence from the prosecution's own laboratory could be introduced in court as early as Thursday when the Los Angeles Laker appears in an Eagle, Colo., courtroom for a pretrial hearing, the cable TV report said.
Bryant's lawyer, Pamela Mackey, suggested at a previous pretrial hearing that the woman had sex within 15 hours after she said she was raped.
Through her attorney, the woman denied having sex so soon after she said she was raped.
If the woman did have consensual sex soon after she said she was raped by Bryant, then she also would have lied to police who were investigating the case.
A spokeswoman for prosecutors said she had no comment on the MSNBC report because of a gag order.
Eagle County District Judge Terry Ruckriegle may set a trial date at Thursday's hearing where Bryant's lawyers will also ask the judge to order prosecutors to disclose if the state paid for a stay at an addiction treatment center for the accuser.
The defense also wants records of cell phone text messages sent by the woman, which could indicate if the encounter with Bryant was consensual.
Bryant's attorneys, who have tried to paint the accuser as unstable, want to know if the victims' fund paid for a stay at an Arizona drug facility.
''Any time an argument can be made that a witness is being compensated financially for her efforts then it becomes arguably admissible,'' according to former Denver prosecutor Craig Silverman who is observing the proceedings.

Through her attorney, the woman denied having sex so soon after she said she was raped.

Hmm, this seems to be easy enough to prove, doesn't it?  And coming out and saying it's not true when the evidence (evidence not taken by the prosecution but rather by the police) doesn't agree with you.  It doesn't bode well for the accuser who's word is the only case against Kobe at this point.

[RolandoBlackman]

Hey Randy!  

I agree, the prosecution's case seems to be getting fundamentally weaker with each passing revelation.  Kobe's attorneys are kicking the DAs boot all over Colorado.  The credibility of the accuser HAS to be in question 'beyond a reasonable doubt' at this point.  

My #1 question is, if these facts were known to the prosecution from the outset, why go ahead with charging Bryant with rape?  I can't believe they thought this evidence would be overlooked by the defense, especially considering the high standing that Kobe's lawyers have amongst Colorado attorneys!  Something doesn't make any sense here.  I'm starting to hear Johnny Cochran's O.J. Simpson-related 'race card' mantras already.

-RB

Shaq #1

[RO . . .]

Hey Randy!  

I agree, the prosecution's case seems to be getting fundamentally weaker with each passing revelation.  Kobe's attorneys are kicking the DAs boot all over Colorado.  The credibility of the accuser HAS to be in question 'beyond a reasonable doubt' at this point.  

My #1 question is, if these facts were known to the prosecution from the outset, why go ahead with charging Bryant with rape?  I can't believe they thought this evidence would be overlooked by the defense, especially considering the high standing that Kobe's lawyers have amongst Colorado attorneys!  Something doesn't make any sense here.  I'm starting to hear Johnny Cochran's O.J. Simpson-related 'race card' mantras already.

-RB

Shaq #1

I really don't think the race card fits in this situation -- we all know that Kobe doesn't have any street cred   .  However, what I do think is two points:  1) the accuser's story doesn't pan out with actual events -- for whatever reasons; second thoughts, money, pressure from mom, etc. and 2) the prosecutor's office saw stars in their eyes -- an opportunity to make a name for themselves and boost their career.  They should have torn apart this entire hotel room looking for proof but I think it shows now that they didn't want proof, they just wanted a conviction.  The accuser, IMO, has painted herself into a corner by lying about another sexual encounter after her encounter with Kobe -- just the fact that another encounter happened after the alledged rape causes one to question but lying about it puts a great deal of doubt into the minds of everyone (okay, everyone BUT the prosecution).

The accuser is STILL going to get paid for Kobe's unfaithfulness because Kobe will pay to make it all go away -- but she isn't going to get paid enough to make this worth her while, IMO -- I don't think there is enough money in the world to make that happen (and I don't think she will get nearly as much as Kobe paid his wife -- in the form of the 8 carat diamond to remind herself of infidelity).

[Guest_Randy]

Sorry, RO, that last reply was me -- I keep forgetting to log in!  

[RolandoBlackman]

Hey Randy!

Before I proceed, I just want to tell you that it is awfully good to type those two words ('Hi Randy!') again!  Not to get maudlin, but I am glad you are still here, brah - I have seen you posting excellent stuff for a good, long time now.  Keep up the great input!

Do you think 'Kobme' will settle out of court with this woman?  Even though my youngest brother is a (great) attorney, I have never discussed the Bryant case with him (although we have discussed the O.J. case in exhaustive detail due to my Mom's immersion in it - let me tell you, if my bro had been in the Los Angeles D.A.'s office instead of the San Francisco D.A.'s office (my brother never lost a case), O.J. would be cooling his heels in Folsom at best!) - I'm not sure that the plaintiff can call off the dogs at this point.  What do you think?

-RB

Shaq #1

[Guest_Randy]

Hey Randy!

Before I proceed, I just want to tell you that it is awfully good to type those two words ('Hi Randy!') again!  Not to get maudlin, but I am glad you are still here, brah - I have seen you posting excellent stuff for a good, long time now.  Keep up the great input!

Do you think 'Kobme' will settle out of court with this woman?  Even though my youngest brother is a (great) attorney, I have never discussed the Bryant case with him (although we have discussed the O.J. case in exhaustive detail due to my Mom's immersion in it - let me tell you, if my bro had been in the Los Angeles D.A.'s office instead of the San Francisco D.A.'s office (my brother never lost a case), O.J. would be cooling his heels in Folsom at best!) - I'm not sure that the plaintiff can call off the dogs at this point.  What do you think?

-RB

Shaq #1

RO, sorry should have been clearer.  I think Kobe will settle out of court with the woman AFTER he is found not guilty in the criminal court.  I believe his accuser will file charges against him and he will settle just to put it all behind him.

There is no way that the accuser can stop the criminal trial at this point -- the prosector can't stop now -- he would lose face and his political career would be over (even in Vale, CO).  He will continue to pursue it to it's fullest extent but the judge (before the latest DNA evidence) questioned the cases merit and right now, with the latest DNA testing, the case has ZERO merit when you add the DNA together with the women's less than sterling testimony.  

[WayOutWest]

I'm a bit confused about the "fresh" sprem comments.  Earlier court docs, the REAL docs not what you read in the papers, stated that the defense was upset at the prosecution for not "properly" gathering and testing the sperm evidence.  Had they tested it correctly they could have determined the age of the sperm and therefore the time of the "other" sexual encounter.  You can't date dead sperm, sperm only lives a couple of hours after release therefore if they found live sperm from some one other than Kobe they would have known she had sex after she was allegedily raped.

Sounds like they may have done the right testing afterall.