Another Setback for Prosecution

The sexual assault case against Kobe Bryant stayed on course Monday, even as the Colorado Supreme Court dealt yet another blow to the prosecution.

The high court declined to hear an appeal by Eagle County prosecutors to bar defense attorneys from probing the sex life of the 20-year-old woman who said Bryant raped her last year at a resort in nearby Edwards.

The 25-year-old Laker star says the sex was consensual. If convicted of the felony, he faces four years to life in prison or 20 years to life on probation, and a fine up to $750,000.

Last month, Judge Terry Ruckriegle said the defense could bring up the woman’s sex partners during the three days before her medical exam, which was performed 15 hours after her encounter with Bryant. The defense maintains she had sex with another man during this time, which they say undermines her claims that she was traumatized by Bryant.

Prosecutors appealed the ruling but were rebuffed by the Supreme Court, which returned its decision during Bryant’s last court appearance before jury selection is scheduled to begin Aug. 27. The court offered no explanation for its decision.

It was the latest bit of bad news for the prosecution, whose case has appeared to falter over the last two weeks.

Speculation that Bryant’s accuser was considering ending her cooperation in the case has been rampant since her personal attorneys appeared on national television recently, saying that mistakes by courthouse personnel had tainted the jury pool and that their client had lost faith in the justice system.

Fueling the rumors, the woman last week filed a civil suit against Bryant, a move legal analysts said damaged the criminal case because the defense can now argue that her motivation for pressing the allegation was money. On the same day, a scathing letter the accuser’s father wrote to Ruckriegle became public. In it, the father criticized the judge’s handling of the case and said his family had “lost trust” in the court.

And yet, the Eagle County district attorney’s office has consistently vowed to go forward.

“I think it’s clearly full steam ahead,” said Craig Silverman, a former Denver prosecutor. “But clearly the accuser and her lawyer hold the trump card.”

That card, analysts say, is the threat of quitting the case. Legally, the woman could be called to testify against her will.

“She could be compelled to testify, but if that happens this trial would be a charade,” Silverman said.

It remains to be seen how Monday’s state Supreme Court ruling might affect her decision to carry on.

“This ruling is a huge win for the defense; it means they can pursue her other amorous activities during this time period,” said Denver attorney Scott Robinson, who has followed the case closely. “This signals to the family and the accuser that it’s time to put up or shut up.”

Not everyone thinks the woman will shrink from confronting Bryant.

“We are writing her off before she even has a chance to testify,” said Norm Early, a former Denver district attorney. “That’s patently unfair. There is no question that this case is going to trial. I think the prosecution has a stronger case than people think.”

The prosecution may have some surprises of its own.

During Monday’s hearing of routine motions, prosecutor Dana Easter asked that every member of the Colorado Bureau of Investigation who handled evidence in this case be called to testify. She wouldn’t explain why in open court, but analysts think they know.

“The prosecution believes there is some hanky-panky going on,” Early said. “It’s clear she thinks there has been some evidence that’s been tampered with.”

Hal Haddon, one of Bryant’s defense attorneys, said only those who did the DNA testing should be called as witnesses. The judge requested a list of lab employees and said he would choose who would testify.

Not everything has gone Bryant’s way. Last week, the judge ruled that he would not admit any evidence about the accuser’s suicide attempts or use of prescription drugs. He also limited what could be said about her mental health and use of alcohol.