Plea Deadlines in Bryant Case

The judge presiding over the Kobe Bryant sexual assault case in Colorado has made it more difficult for a plea agreement to be struck before trial.

In a detailed court management order that established several deadlines, Judge Terry Ruckriegle said he would not accept “any offer of proposed disposition or plea bargain” once pretrial motions hearings are held. He said that any plea offer by prosecutors must be tendered by Dec. 15 and that the defense must respond by Jan. 15.

Motions hearings are scheduled Dec. 19 and Jan. 23 in Eagle County court. Bryant is accused of raping a 19-year-old woman last summer at a mountain resort. He says they had consensual sex.

Legal experts said Ruckriegle is employing a common case-management technique to expedite an offer if one is being considered by Dist. Atty. Mark Hurlbert. In the absence of an earlier deadline, plea agreements often are made close to trial.

“Trial attorneys like to plea bargain on the courthouse steps,” said Craig Silverman, a former Denver prosecutor who has followed the case closely. “Setting a deadline creates a leverage point for the judge to find out early whether there is the chance for a plea bargain.”

The judge could still accept a plea bargain after the deadline. “This is something a lot of Colorado judges say,” Silverman said. “It doesn’t mean they always enforce it.”

A plea offer would be made under seal and, if rejected, would be inadmissible at trial.

Most experts believe a plea bargain is unlikely because there does not appear to be a diminished charge available under Colorado law that would be acceptable to Bryant, his accuser and Hurlbert.

Also in the case-management order, Ruckriegle said prosecutors must explain by Nov. 25 why scientific testing of any evidence cannot be completed within 30 days. All pretrial motions that include briefs are due by Dec. 12.

Although no trial date is set, the judge established deadlines for attorneys to submit their final lists of witnesses (10 days before trial) and proposed jury instructions (30 days before trial.)