Rape-Shield Issue Unresolved

Rape-shield testimony in the Kobe Bryant sexual assault case concluded Tuesday with the prosecution calling forensics experts Henry Lee and Michael Baden.

Also testifying were three defense experts, including Elizabeth Johnson, who has tested DNA evidence on Bryant’s behalf.

After the closed-door hearing, which lasted less than three hours, Judge Terry Ruckriegle issued a statement saying that closing arguments on rape shield were due June 29 and that any final comments on the issue would be made during a telephone conference call June 30.

Bryant, 25, has pleaded not guilty to felony sexual assault. He has said he had consensual sex with his 20-year-old accuser. If convicted, he faces four years to life in prison or 20 years to life on probation and a fine up to $750,000.

The late-August trial date both sides prefer seems unlikely because Ruckriegle cannot make the rape-shield ruling until after the conference call. The judge has said he would not set a trial date until he has made that ruling.

At issue is whether evidence of the alleged victim’s sexual history constitutes an exception to the rape-shield law.

Other time-consuming matters include jury summonses and subpoenas for out-of-state witnesses. A court spokeswoman said jury summonses would go out to about 1,000 of Eagle County’s 42,000 residents within 45 days of the trial.

The subpoenas require up to 60 days and the process cannot begin until Ruckriegle decides on rape shield because his ruling will determine who is expected to testify.

“There is no way to evaluate how the case looks until there are rulings on rape shield” and whether Bryant’s statements to investigators are admissible, legal analyst Andrew Cohen said.

Bryant’s attorneys contend that the alleged victim had multiple sex partners in the days surrounding the June 30 incident at a Colorado mountain resort, and that evidence of that sexual activity should be an exception to the rape-shield law. They also maintain that Bryant’s statements are not admissible because he was not read his Miranda rights.

The defense has said in court filings that vaginal injuries detected during the woman’s rape examination could have been caused by someone other than Bryant. The defense also has suggested that the woman sought attention from ex-boyfriend Matt Herr and that falsely accusing Bryant of rape falls into a pattern of “attention-seeking behavior” that also includes multiple suicide attempts.

Prosecutors insist that the woman’s sexual conduct is inadmissible under the rape-shield law and is not relevant to the rape charge.

Lee and Baden, both of whom have extensive experience testifying in high-profile cases, were hired in part to challenge Johnson’s DNA test results and to explain that the woman’s injuries could have been caused by Bryant.

“If I was Kobe Bryant, I would be very worried about having Henry Lee and Michael Baden testify against me,” legal analyst Craig Silverman said. “They are formidable, they have a history of success and they know how to connect with juries.”

Bryant’s attorneys are trying to bar Baden’s testimony on strangulation and regarding a small bruise on the jaw of the alleged victim. It is not clear whether the defense was successful because the motions were filed under seal.

After the two-day hearing, Ruckriegle issued a written statement, blaming both the prosecution and the defense for the slow pace of the proceedings, pointing out that since March 25, there had been 46 court filings by the defense and 41 by the prosecution.

“The court will work with the parties to resolve these issues and set a trial date as expeditiously as possible,” Ruckriegle said.

The number of filings grew Tuesday when the prosecution asked for an extension until July 8 to file motions pertaining to cellphone text messages exchanged by the accuser, Herr and an unidentified third person.