Bryant Case Judge Denies Delay Request

The judge in the Kobe Bryant sexual assault case has denied a district attorney’s request to delay the start of the trial two weeks before jury selection is scheduled to begin.

Prosecutors had asked to wait for an indefinite period of time, arguing that the inadvertent release of testimony about the accuser’s sexual history had tainted the jury pool.

In separate rulings handed down Friday, Judge Terry Ruckriegle agreed with prosecutors that testimony about the accuser’s mental health and drug use should be limited. But on the more significant issue of a continuance, he found no merit.

The released transcripts “contained only evidence that was determined to be relevant and admissible at trial,” Ruckriegle stated. The judge added that prosecutors would “have the opportunity at trial to present rebuttal evidence to mitigate any prejudicial publicity stemming from the premature release.”

Legal analysts had characterized the motion as a stall tactic by a prosecution team dealing with numerous setbacks and were not surprised by the denial.

“Judge Ruckriegle is telling the district attorney to put up or shut up,” said Craig Silverman, a Denver lawyer and former prosecutor. “He called the prosecution’s bluff.”

The ruling only heightened speculation that the district attorney’s office might drop its charges against Bryant, especially with the accuser’s attorneys and family giving signs that she is hesitant to proceed.

“This case rests on her testimony,” said Karen Steinhauser, a Denver law professor. “If she’s not 100% committed, then I don’t think the prosecution has a chance of winning.”

Krista Flannigan, a spokeswoman for the Eagle County, Colo., district attorney, told Associated Press that her office was going ahead with the case as planned.

The accuser was 19 and working as a front desk clerk at a Colorado mountain resort where Bryant was staying on June 30, 2003. The woman, now 20, says she was raped after escorting Bryant to his room. Bryant says they had consensual sex.

If convicted, the Laker star faces four years to life in prison or 20 years to life on probation.

There is still a chance his trial, scheduled to begin with jury selection Aug. 27, could be delayed. Prosecutors have asked the Colorado Supreme Court to consider an appeal of Ruckriegle’s decision to admit evidence of the accuser’s sexual history with two key witnesses and her sexual conduct in the 72 hours before her medical exam.

If the higher court accepts the case, the process could take weeks.

In the meantime, the prosecution must recoup from a series of recent blows.

First came a mistake by court personnel who released sealed testimony by DNA expert Elizabeth Johnson. In the transcript, Johnson provided information supporting the defense’s contention that the accuser had sex with another man shortly after the alleged rape.

Then came news that the accuser had filed a civil suit against Bryant, which would allow the defense to question her motives, telling jurors in the criminal trial that she is seeking money.

This week, her personal attorneys appeared on national television saying she might have a better chance of pursuing justice in civil court. Her father then wrote a scathing letter, published in a local newspaper, which criticized Ruckriegle and said his family had “lost trust” in the court.

The judge, in his denial of a continuance, cited these comments as rebuttal to the prosecutors’ contention that pretrial publicity had been overwhelmingly pro-defense.

Ruckriegle wrote that the accuser’s lawyers had conducted “a media campaign” and “commented on the merits of the case and the character of the defendant and witnesses ... and directed inflammatory criticism toward this court.”

He also disagreed with a prosecution argument that the defense had been slow to hand over scientific evidence.

As for the final issue in the motion -- the district attorney complained that the court had yet to rule on the admissibility of some evidence -- Ruckriegle took care of that by reaching a decision, which came down in favor of the prosecution.

He denied a defense request to admit evidence about the accuser’s multiple suicide attempts and her use of prescription drugs.

He also agreed with prosecutors that testimony about her mental health and drug and alcohol use should be limited.

Details of those rulings were not available because they were filed under seal.

“It’s one less item, and a very important item, that the prosecution has to defend against in terms of her credibility,” Steinhauser said. “It gives the defense one less piece of ammunition to use against her.”

But Silverman called it a pyrrhic victory, saying the defense would have had difficulty tying that evidence to the alleged assault. He said: “Even with these rulings for the prosecution, I think the odds are against a criminal trial.”