D.A. Fights Media Request

The judicial system in Eagle County stepped up efforts Thursday to contain leaks and protect the privacy of Kobe Bryant and the woman accusing him of sexual assault.

Dist. Atty. Mark Hurlbert responded to an application by the Los Angeles Times and other media to unseal court documents assembled by the Eagle County Sheriff’s Department by filing a brief detailing reasons he believes the information should remain out of public view. Hurlbert took the unusual step of attaching a handwritten note requesting that the entire brief be sealed because it contains information sensitive to the case.

Also, Frederick Gannett, the Eagle County judge assigned the case, issued a gag order to attorneys and involved law enforcement personnel to restrict their comments about the highly publicized matter.

“[It is] a reminder that they cannot talk publicly about the facts of the case,” Gannett said outside of a courtroom. “It’s a high-profile case. This order was drafted to establish an initial bar at a time when there is a lot of discussion about what is appropriate or permissible to say.”

Hurlbert’s attempt to keep his brief sealed will be challenged today, said Chris Beall, the attorney representing The Times and other media. A hearing on the sealed documents probably will be heard next Thursday.

Attorneys familiar with Colorado law said that typically an official would identify the sensitive information and allow the rest of the brief to be made public.

“He could separate some portion and seal that,” said Bruce Jones, a Denver media attorney. “But there ought to be a public statement on why they want [the court documents] sealed without going into details.”

Bryant’s attorneys have also filed a brief opposing the release of the court files, which include information used to gain arrest and search warrants.

Bryant, a Laker guard, denies sexually assaulting his 19-year-old accuser, although he says he had consensual sex with her at the Lodge & Spa at Cordillera on June 30.

The Times has a policy not to identify alleged victims of sexual assault in most cases. The Times also has declined to publish details of the accuser’s background to protect her privacy.

Gannett said his gag order did not result from a request from Hurlbert or Bryant’s Colorado-based attorneys, Pamela Mackey and Harold Haddon. The order does not apply to those in the community who have spoken publicly.

“It was about trying to establish a framework, that the court can control some of the parties,” Gannett said.

Earlier Thursday, Eagle County Sheriff’s Detective Doug Winters, a lead investigator in the case, praised employees in his office for limiting their comments. Leaks from the district attorney’s office have been minimal as well. Asked how Hurlbert accomplished it, a worker at the Eagle County Justice Center said, “We have bills to pay.”

Meanwhile, several of the accuser’s friends and former classmates have given interviews since Bryant’s July 4 arrest, providing biographical information and commenting about the woman’s emotional state.

The woman’s father declined to answer several questions about what community members are saying about his daughter, saying only, “I know there are hundreds of questions about this, but I have no comment.”

Gannett said he expects to issue two more orders by Monday, including a ruling that only one television and one still camera be used in the 64-seat courtroom during Bryant’s hearings. He also is expected to issue a “media decorum” order to prepare for the expected barrage of reporters to a courthouse that features only one pair of restrooms, few parking spaces and two exits.

Gannett said he likely would preside over the case only through preliminary hearings. Should the case go to trial in Eagle County, it would be turned over to Thomas Moorhead of the 5th Judicial District, Gannett said. Another option could be Richard Hart.

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Attorneys representing the Vail Daily and the City of Eagle will file briefs today in the Vail Daily’s effort to have dispatch records to the home of Bryant’s accuser for two non-criminal emergency responses unsealed.

Hart is expected to review the briefs over the weekend and issue a decision Monday.

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As expected, it was announced Thursday that Bryant will not play for the U.S. in the Olympic qualifying tournament in Puerto Rico next month.

The reason cited in a statement released by Bryant’s agent, Rob Pelinka, was “rehabilitation work from his recent arthroscopic shoulder and knee surgeries.” There was no mention of the sexual assault charges.

“Kobe, however, remains 100% committed to representing the United States at the 2004 Games in Athens,” the statement said.

Bryant’s replacement will be selected by USA Basketball. The qualifying tournament begins Aug. 24.

Pugmire reported from Eagle, Colo. Henson reported from Los Angeles.