Judge Delays Bryant Ruling

Following a three-hour courtroom debate, the judge in Kobe Bryant’s sexual assault case postponed a decision Thursday on whether to release sealed court files.

Eagle County Judge Frederick Gannett said he did not expect to determine whether to unseal arrest and search warrants until at least Wednesday, when Bryant is scheduled to appear at the Eagle County Justice Center for a bond hearing.

Gannett denied a request by Bryant’s attorneys that the Laker guard not be required to appear in person at Wednesday’s hearing.

“[Bryant] will be here,” said Hal Haddon, who represents Bryant along with Pamela Mackey.

Haddon and Mackey were aligned with Bryant’s prosecutors in arguing that the court files remain closed to the media and public. Attorneys representing five news organizations, including the Los Angeles Times, contended that releasing the documents would not pose a danger to Bryant’s right to a fair trial.

The files include details about the accusation, including statements by Bryant and his accuser, and other information used to obtain arrest and search warrants. Bryant, 24, denies sexually assaulting the 19-year-old accuser, although he says he had consensual sex with her at a hotel in nearby Edwards, Colo., 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.

Chris Beall, the attorney representing the news organizations, cited rulings by the Colorado Supreme Court and U.S. Supreme Court in arguing that the information must be released unless there is a substantial probability that the details jeopardize a fair trial.

“After there has been an arrest and after there is a filing of charge, there is a practice in this state of opening records,” Beall said. “The logical reason of access is that the public has a need to know what the government is up to. Are they managing resources properly? Are law enforcement, prosecutors and the justice system doing their jobs?.... The only way we can see that is by opening up the records.”

Some legal experts believe that making records public reduces rumor, innuendo and gossip.

“The problem with trying to keep a lid on things is that the media, like nature, abhors a vacuum,” said Doug Mirell, a 1st Amendment lawyer in Century City who represented media in obtaining evidentiary access in O.J. Simpson’s criminal trial.

“When you choke off legitimate sources of information, then illegitimate sources rush in to fill that vacuum -- people who are themselves subject to the gag order and choose to violate it with impunity, and others who are not covered by the order, who learn things by rumor or innuendo and choose to share that information with the press.”

However, a criminal defense attorney experienced in trying cases in Eagle County said that keeping records sealed is the only way to ensure an untainted jury pool. Eagle County has a population of 45,000.

“Word gets around fast in a county this small,” said Scott Robinson, the attorney who represents a woman charged with murder in Eagle County. “Sealing the arrest warrant is not unique to the Bryant case. It is what they have done in previous cases in this county and in other rural [Colorado] counties.

“The basic theory is sound. The best way to have an unbiased jury pool is not to provide one-sided, biased information to the public.”

Bryant’s attorneys want the files to remain sealed because the information is primarily the accuser’s version of events, legal experts said.

“This is not an appropriate time for the defense to disclose [Bryant’s] version of events, so the concern is that a one-sided version of events would be published and [Bryant’s attorneys] would not be able to respond at this time,” said Andrew Low, a Denver media attorney.

Haddon said as much to Gannett, describing the sealed documents as inadmissible evidence.

“If the media reports this, we will have no choice but to rebut to mitigate the poison that will be spun for the next 12 months,” he said. “Hearsay will become reality. Speculation will become evidence.”

Experts said Bryant might be best served if details of the incident are never made public.

“The ultimate goal of ‘Team Kobe’ is for this case to never go to trial,” said Craig Silverman, a former Denver deputy district attorney. “The facts of this case will not be pretty and will be polarizing. The goal of Team Kobe is that none of the dirty details ever see publication.”

The district attorney may be motivated by similar concerns, said Laurie Levenson, a Loyola Law School professor and former federal prosecutor.

“From the prosecutors’ side, there may be unflattering things about the victim [in the court files],” she said. “They want to keep it out of the courtroom, which may spark a witch hunt into the victim’s background.”

Eagle County Chief Deputy Dist. Atty. Greg Crittenden argued that in addition to protecting the jury pool, keeping the documents sealed protects the accuser’s privacy.

“This is not Iraq, North Korea or the SARS virus,” Crittenden told the judge. “This [information] is wanted strictly for entertainment, for tabloid news. The press wants to say that is more important than the victim’s rights or the district attorney office’s right to investigate.”

However, Silverman said, “While the publishing of this information would provide some titillating details for the public, it might also prompt additional witnesses to come forward.”

Before arguments began, Gannett said his decision could be drawn simply by his own discretion.

“The balancing test is on the public’s right to know versus the right to a fair trial,” he said.

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Pugmire and Henson reported from Eagle, Colo.; Fernas reported from Los Angeles.