Prosecutors Decide Against DNA Retesting

Prosecutors have decided not to retest DNA evidence in the Kobe Bryant sexual assault case, telling the judge in a court filing Friday that it would jeopardize the August trial date they seek.

Eagle County (Colo.) Dist. Atty. Mark Hurlbert countered claims by Bryant’s attorneys that the prosecution had been slow in turning over DNA evidence, accusing the defense of wasting time.

On June 3, Judge Terry Ruckriegle ordered Hurlbert to halt retesting when it became clear that the laboratory chosen by the prosecution, Bode Technology, would not allow a defense expert to be present. Ruckriegle had ordered that defense expert Elizabeth Johnson be allowed to observe the retesting.

Bryant’s attorneys have asked that the judge impose sanctions, suggesting that the prosecution be prevented from challenging DNA test results and that the felony charge against the Laker guard be reduced.

After two weeks of legal wrangling, Hurlbert has decided not to retest the vaginal swabs taken from Bryant’s accuser the day after the alleged rape occurred June 30 at a Colorado resort. The woman turned 20 on Friday.

Bryant says that he and the woman had consensual sex. His attorneys contend that she had sex with someone other than Bryant after the alleged rape and before she had a medical examination about 15 hours later.

The DNA evidence has been tested by the Colorado Bureau of Investigation and Johnson. Hurlbert said retesting could not be completed until July 2 and that a report on the results could not be filed before July 16.

Hurlbert challenged Ruckriegle’s order, saying, “The defense does not have a constitutional right to have an expert present at testing when the testing is not consumptive.”

Hurlbert also said that the existing DNA test results were irrelevant under the Colorado rape-shield law.

“Given that there will be at least a three-week postponement on test results that are not relevant in the first place, the people feel that retesting at this time only serves to unnecessarily delay matters further,” he said.