Bryant’s Accuser Wavered on Case

The woman who has accused Kobe Bryant of rape considered abandoning the case when transcripts from a closed hearing were inadvertently distributed to the media last month, her attorney said Monday during a pretrial hearing.

The only other time she has wavered in the case against the Laker star came in September, attorney John Clune said, when the court made another mistake, failing to black out her name in a motion published on a court-monitored website.

Clune’s comments came during a contentious exchange with Judge Terry Ruckriegle over whether electronic transmission of court filings should be discontinued.

“The only time this young woman has considered removing herself from the case was when the people sworn to protect her rights have failed,” he said. “There is no safety from the court.”

More than 500 documents from the case have been posted online, a procedure that Ruckriegle said had eased the burden on the small clerk staff at the tiny mountain court.

Bryant’s attorneys objected to Clune’s statements.

“This can’t be about problems with the website,” attorney Hal Haddon said. “This may well be about Mr. Clune’s opportunity to make a ringing speech about victims’ rights. This is a transparent and truly outrageous attempt to influence the court.”

The judge did not rule on the issue, or on whether television or still cameras will be allowed in the courtroom. Bryant’s lawyers joined the prosecution and Clune in arguing against televising the trial, scheduled to begin Aug. 27.

Haddon argued that Bryant’s right to a fair trial would be jeopardized by Court TV’s plan not to show the accuser’s face and to delete any mention of her name before broadcast while a camera would be positioned to show Bryant.

Court TV proposed delaying the telecast for an hour so someone could edit the tape. Managing Editor Fred Graham said the cable network had televised 33 cases involving a sexual charge and had never inadvertently revealed a name.

Bryant, 25, has pleaded not guilty to felony sexual assault stemming from an incident June 30, 2003, at a mountain resort. He has said he had consensual sex with his accuser, who was 19 at the time.

Although Eagle County Dist. Atty. Mark Hurlbert has announced he will not participate in the trial, he made the prosecution argument against televising the trial, saying it will involve “the intimate details of people’s sex lives.”

Hurlbert added: “It has all the makings of a reality show. The People v. Kobe Bryant. Survivor of Eagle County.”

Also Monday, defense and prosecution lawyers objected to having jurors question witnesses through Ruckriegle. A Colorado law that took effect July 1 allows jurors to ask witnesses questions in criminal cases at the judge’s discretion.

After a lunch break, several issues were addressed in closed court. Bryant’s attorneys argued that text messages between the accuser, her ex-boyfriend and a third party on the night of the alleged rape should be allowed as evidence. The defense also wanted to limit the testimony of prosecution expert Michael Baden.

Ruckriegle was expected to rule whether information is admissible about the amount of money the alleged victim received from a state victims compensation fund to pay for mental-health care and drug and alcohol rehabilitation. The limit a victim can receive from the fund is $20,000.