Still No Trial Date for Bryant

Kobe Bryant has had no problem getting out of court in time for Laker games, but there is no end in sight to his fight against a felony sexual assault charge.

A hearing Thursday ended by mid-afternoon, enabling Bryant to be in the starting lineup against the Minnesota Timberwolves. He is a perfect five for five in getting from Eagle County Court to Staples Center, four times making tipoff and once arriving in the second quarter.

However, a trial date was not set because of delays Judge Terry Ruckriegle said were caused by prosecutors. The judge gave no indication that the date will be set at the next pretrial hearings, June 21-25, and he scheduled new proceedings for July 19-21. The last possible NBA Finals game is June 20.

Jury selection must begin by Nov. 11 -- six months after Bryant entered his not-guilty plea -- unless he waives his right to a speedy trial under Colorado law.

Dist. Atty. Mark Hurlbert began the proceeding by saying he wants to retest DNA samples, a procedure that will take 10 days. The issue will drag into July because a report must be compiled after the testing and Ruckriegle will allow motions to be heard on the results.

The testing will be done on semen found on vaginal swabs taken from Bryant’s accuser at her medical examination July 1, the day after she alleges Bryant raped her at a mountain resort.

There is semen from someone other than Bryant, and the defense has asked for DNA from the woman’s former boyfriend, Matt Herr, and a bellhop, Bobby Pietrack, at the hotel where the alleged rape occurred.

Bryant’s attorneys have suggested that either the woman had sex with someone after her encounter with Bryant and before the medical examination or that she was lying when she told investigators that the last time she had consensual sex before the alleged rape was June 28 with a partner who used a condom.

Pietrack has voluntarily submitted DNA, but Herr has refused. His attorney, Keith Tooley, told Ruckriegle that Herr is protected under the 4th Amendment from giving the sample and that his sexual relationship with the accuser has no bearing on Bryant’s guilt or innocence.

“My client’s DNA cannot shed any light on the central point, which is, ‘Did she say yes or no,’ ” Tooley said.

Bryant attorney Hal Haddon said the woman’s sexual history around the time of the alleged rape was relevant because her minor vaginal lacerations could have been caused by other sexual partners.

“This evidence goes directly to whether the prosecution can prove force and the extent of injuries,” he said.

If convicted, Bryant, 25, faces four years to life in prison or 20 years to life on probation and a fine up to $750,000.

Another matter addressed in the open portion of the hearing pertained to Herr.

The judge ordered AT&T; to release text messages sent and received by Herr to the accuser and others on days surrounding the alleged rape. Haddon said Herr sent one message to the woman July 1 and sent and received several messages from a third party.

Ruckriegle will review the messages in private to determine whether they are relevant to the case.

Another delay in setting the trial date is the result of Hurlbert’s missing a deadline to respond to a request by Ruckriegle to provide a summary of testimony expected at trial from two prosecution expert witnesses, Henry Lee and Michael Baden. When Hurlbert did respond in writing, Ruckriegle described his summary as “wholly inadequate and less than skeletal.”

After initially ordering that the witnesses not be allowed to testify because of the missed deadline, Ruckriegle relented and gave Hurlbert until June 14 to complete the summaries.

At the conclusion of the morning proceeding in open court, Ruckriegle denied a request by Haddon to move immediately into closed session instead of breaking for lunch.

Ruckriegle acknowledged that Bryant had a pressing matter, but said: “We aren’t going to do that to the staff.”

However, the afternoon session, which focused on whether the alleged victim received money from the state to pay for stays at drug and alcohol rehabilitation facilities, lasted less than two hours, enabling Bryant to reach Staples Center more than an hour before tipoff.