Plea Deal Is Seen as Unlikely

Even if Kobe Bryant and his accuser are having second thoughts about a trial that defense attorney Hal Haddon said “will involve detailed, graphic evidence about sexual conduct and human genitalia,” legal experts say an 11th-hour plea bargain is unlikely.

The judge fueled speculation that a trial might be averted when he wrote last week that the two sides had until Tuesday to negotiate a plea bargain -- extending his initial deadline by three weeks.

However, a Colorado sentencing law prohibits someone accused of rape from pleading to a lesser crime and dispensing with the sexual aspect of the charges. As long as the “underlying factual basis” of the original charge involved a sexual assault, the defendant must register as a sex offender regardless of the lesser charge agreed to in a plea bargain.

“Kobe Bryant could plead guilty to spitting on the sidewalk and he would still have to register as a sex offender,” legal analyst Craig Silverman said.

Exceptions are rare, experts said. Prosecutors can stipulate that a sexual assault did not take place and the judge could support it with a ruling. Otherwise, the law could be circumvented only by prosecutors dismissing the felony charge, then refiling a misdemeanor charge that Bryant would plead guilty to -- a scenario that experts say is extremely unlikely.

“I will be shocked if there is any kind of plea bargain,” said Karen Steinhauser, a law professor who has followed the case closely.

Bryant, 25, has pleaded not guilty to felony sexual assault stemming from an incident June 30, 2003, at a mountain resort. He has said he had consensual sex with his accuser, who was 19 at the time.

Judge Terry Ruckriegle has yet to make a decision on how much, if any, of the alleged victim’s sexual conduct with men other than Bryant will be admissible as an exception to the rape-shield law. Although experts say that ruling could provide incentive for either side to strike a plea agreement, Ruckriegle apparently wants a decision on an agreement beforehand.

Jury selection is scheduled to begin Aug. 27 in Eagle County, Colo., and opening statements are expected about Sept. 7. Bryant will be in court today for a pretrial hearing, some of which will take place behind closed doors.

The most contentious issue in open court probably will be a debate about whether cameras should be allowed at the trial. Court TV has asked to televise the proceedings and Associated Press wants still cameras in the courtroom. The prosecution, defense and attorneys representing the woman have joined in objecting to cameras of any kind, and Bryant’s attorneys led the charge with an exhaustive brief filed July 7.

The hearing will be the first without Mark Hurlbert, the Eagle County district attorney who filed the charge against Bryant and led the prosecution team for a year. Hurlbert, who is running for reelection in November, announced June 30 that he no longer would participate in the day-to-day prosecution of the Laker star.

However, attorney Lin Wood might make his first court appearance on behalf of the alleged victim. Wood, a libel specialist who has represented clients including the family of JonBenet Ramsey and former Rep. Gary Condit in lawsuits against the media, is expected to argue that court filings no longer should be posted on the Internet.

Another topic set to be discussed is the latitude jurors will have in taking notes and submitting questions to Ruckriegle. A Colorado law that took effect July 1 allows jurors to ask witnesses questions in criminal cases.

The media and public must leave the courtroom before several issues are addressed today. Bryant’s attorneys plan to argue text messages between the accuser, her ex-boyfriend and a third party on the night of the alleged rape should be allowed as evidence. The defense also wants to limit the testimony of prosecution expert Michael Baden.

Ruckriegle is expected to issue a ruling on whether information about the amount of money the alleged victim received from a state victims’ compensation fund to pay for mental health care and drug and alcohol rehabilitation is admissible. The limit a victim can receive from the fund is $20,000.