Ruling Doesn’t Deter Prosecutors

Prosecutors in the Kobe Bryant sexual assault case remain resolute about taking the case to trial in the wake of a ruling favorable to the defense, although it is unclear whether the accuser’s own attorneys are as convinced a conviction can be won.

A judge determined Friday that the defense could introduce direct or circumstantial evidence about the woman’s sexual conduct in the 72 hours preceding her medical examination, July 1, 2003. The alleged rape took place about 15 hours earlier at a Colorado mountain resort.

Prosecutors contacted the woman and her parents after the ruling to gauge her willingness to testify at the trial, according to Krista Flannigan, a spokeswoman for the Eagle County (Colo.) District Attorney’s office.

“We told her what the ruling meant, and her attorney did too,” Flannigan said. “It’s so interesting. So many people think that our decision to try the case was based on what the judge ruled.

“From our standpoint, there was no thought of dismissing the case or to change plans.”

However, Rob Wheeler, one of the attorneys who privately represents the woman, would not confirm that his client planned to continue with the case.

“I’m not going to comment on that,” he said.

Wheeler and his partner, John Clune, are expected to meet this week with attorney Lin Wood, who was added to the accuser’s team three weeks ago.

Bryant, 25, has pleaded not guilty to felony sexual assault. He has said he and his accuser, now 20, had consensual sex. Judge Terry Ruckriegle extended a deadline for a plea bargain to Wednesday, the second time he has done so. Legal analysts said it is crucial to the prosecution that the woman is willing to testify at trial, scheduled to begin Aug. 27.

“The best part of the prosecution case is the way this young lady has not backed down under enormous pressure,” said Craig Silverman, a former Denver prosecutor who has followed the case closely. “This is a high-stakes game of chicken. Even if Kobe Bryant is going to win at trial, he may lose a lot in the process of winning.

“The closer to trial, the more nervous both sides will be. Both sides could suffer mightily at trial. It won’t be pretty for either one of them.”

Clune has said the accuser has been besieged by threatening phone calls and that she contemplated pulling out of the case on two occasions when court clerks mistakenly released confidential information about her.

Clune also has denied a charge by Bryant’s attorneys, that the woman had sex during the 15 hours between the alleged rape and her medical examination. Vaginal swabs taken at the exam contain sperm and semen from someone other than Bryant.

After nine days of closed-door testimony, Ruckriegle ruled that evidence of the woman’s sexual conduct in the three days before the exam could be used by the defense to explain her mild vaginal injuries and to attack her credibility. The judge also said evidence of her sexual conduct with two key witnesses, hotel bellhop Bobby Pietrack and former boyfriend Matt Herr, also is admissible as an exception to Colorado’s rape-shield law, which generally prohibits the sex life of an alleged victim from being entered as evidence.