Trial Is Likely in Late Summer

Attorneys on both sides in the Kobe Bryant case said Wednesday the Laker star’s sexual assault trial could begin in August or early September.

Bryant will enter a plea to the felony charge he has faced for nearly 10 months at his next scheduled hearing, May 10 to 12, and a trial date will be set at that time. He also must appear at several days of pretrial hearings beginning June 21 -- one day after the last scheduled NBA playoff game.

Although court spokeswoman Karen Salaz said the date was chosen because of courtroom availability, legal analyst Craig Silverman said, “The schedule is great news for Laker fans.”

Judge Terry Ruckriegle asked attorneys from both sides to propose a realistic date to begin the trial. Prosecutor Ingrid Bakke suggested August and Bryant attorney Pamela Mackey said no earlier than the last week of August or early September.

Bryant is scheduled to play for the U.S. Olympic team, which begins play in Athens on Aug. 15. The championship game is Aug. 28.

The progress on scheduling came in open court near the end of three days of closed hearings that failed to resolve the admissibility of two key points of evidence: The accuser’s sexual history and statements Bryant made to investigators the day after the alleged rape June 30 at a mountain resort.

“We didn’t quite get through with either one,” Ruckriegle said. “But we are close enough to see the light at the end of the tunnel.”

Those hearings will be completed in May and the judge pressured both sides to move swiftly on other issues.

The most significant pending matter will be a closed hearing on a prosecution motion to keep from the jury the accuser’s medical and mental health history and her alleged drug and alcohol use. Ruckriegle has barred the defense from getting the woman’s medical records pertaining to two documented suicide attempts. But experts say Bryant’s attorneys will still call witnesses to testify about those attempts and her use of prescription and recreational drugs.

The defense has offered evidence that the woman attempted suicide on two additional occasions in the last two years, believing that bolsters their contention that she has falsely accused Bryant to gain attention.

Prosecutors assert there is no evidence of drug or alcohol use on the date of the alleged assault and that her conduct before or after that date is irrelevant. Bryant’s attorneys say that admission of such evidence is crucial because it may affect the “ability to perceive, remember or testify as to a particular event,” and may also be construed as a mental health issue relevant to her credibility.

Ruckriegle opened the courtroom at 2:20 p.m. PDT and adjourned at 3:52 p.m. Bryant stood, hugged attorney Hal Haddon and walked briskly to a waiting sport utility vehicle, which whisked him to a private jet at nearby Eagle County Airport.

The short open session was the first time the media and public had been allowed in the courtroom since March 1. Five full days and two partial days of proceedings took place behind closed doors on the issues of whether the woman’s sexual activity is an exception to the rape-shield law and whether Bryant’s statements and a bloody T-shirt seized by detectives were lawfully obtained.

Bryant, 25, would face four years to life in prison or 20 years to life on probation if convicted. He has said he and his 19-year-old accuser had consensual sex.

The slow pace of pretrial hearings prompted an attorney representing the alleged victim to file a motion during a closed hearing April 25 requesting that a trial date be set because of the hardship on the woman. Ruckriegle asked the attorney, John Clune, why he filed the motion publicly rather than addressing the issue in private.

Clune responded that on the evening of April 24, hours after the woman had testified in the rape-shield hearing, she called him from a restaurant because someone was harassing her.

“She called me while hiding behind a plant,” Clune said. “She was almost hysterical.”

Dist. Atty. Mark Hurlbert followed with his own motion asking Bryant to enter a plea, and Haddon wrote that Bryant had no objection to moving quickly to trial. Once a plea is entered, a trial must be held within six months unless the defendant waives the right to a speedy trial.

“It’s nice to see an issue we all agree on,” Ruckriegle said Wednesday. But, he added, “I don’t have enough fingers to point” at delays “prompted by action or inaction by one side or the other.”

The judge warned that several issues that must be addressed before trial will be time-consuming because they involve witness testimony and the filing of motions. He set a deadline of May 5 for additional motions and said both sides must submit jury questionnaires by May 10.

Legal experts said that if Ruckriegle rules in favor of the defense on the rape-shield law or suppression of Bryant’s statements, the prosecution could appeal to the Colorado Supreme Court and potentially create a delay.

Other issues appear close to resolution. Despite several rancorous motions filed in recent days, the sides appeared to be close to agreeing on the evidence prosecutors must turn over to Bryant’s attorneys.

The judge upheld the current legal definition of the term “victim,” saying it applies to anyone who makes a rape allegation. Haddon had argued that until a defendant is convicted, there is no victim in a sexual assault case because a crime may not have been committed.

*

(BEGIN TEXT OF INFOBOX)

IN TRANSIT

Kobe Bryant went from a hearing in his sexual assault case to the game in Los Angeles:

*--* 7:20 a.m. PDT Bryant arrives at court for pretrial hearing in Eagle, Colo. 1:50 p.m. Closed portion of the proceeding ends. 2:20 p.m. Open portion of the proceeding starts. 3:52 p.m. Court is adjourned. Hearings resume May 10. 4:20 p.m. Approximate departure from an Eagle County airport. 6:56 p.m. Bryant arrives at Staples Center for Game 5. 7:22 p.m. Bryant in for game’s opening tip. 9:53 p.m. Game ends; Bryant finishes with 31 points and 10 assists.

*--*

Note -- All times Pacific. Eagle, Colo., is in the Mountain time zone, an hour ahead.