Prosecutors Hedge on Open Hearing

Prosecutors are ambivalent about arguing that the rest of Kobe Bryant’s preliminary hearing on sexual assault charges be closed to the public.

After five hours of testimony Thursday ended with defense attorney Pamela Mackey questioning the credibility of the woman who accused the Laker star of rape, Dist. Atty. Mark Hurlbert asked Judge Frederick Gannett to close a portion of the hearing when it resumes Wednesday.

But an attorney for a media group that includes The Times said Friday that Hurlbert was considering rescinding the request.

Going into the hearing, it was Bryant’s defense team that wanted the proceeding closed. Attorneys Mackey and Hal Haddon reiterated their request to Gannett moments before the hearing began and again during a recess.

Prosecutors had aligned with the media in wanting to keep the hearing open, prompting media attorney Tom Kelley to characterize Hurlbert’s latest request a “flip-flop.”

“The [defense] got in all the stuff that is harmful to Kobe,” Kelley said. “When the witness started taking a beating on cross-examination, [prosecutors] move to close.”

The only witness who testified was Eagle County Sheriff’s Det. Doug Winters, who related the woman’s version of the alleged sexual assault June 30 at a resort in Edwards, Colo.

While cross-examining Winters, Mackey said the woman’s name six times, something Gannett said was inexcusable.

While some experts say the mistakes were inadvertent, others say they were calculated.

Analysts said Hurlbert could argue that the rest of the hearing should be closed because Mackey cannot be trusted to keep the woman’s name confidential.