Defense Seeks a Ban on Terms

Kobe Bryant’s attorneys want the names of the Laker star and his accuser used at trial rather than terms such as “defendant” and “victim.” In a court filing Tuesday, attorney Hal Haddon asked that the 19-year-old woman who has accused Bryant of rape be referred to from now until trial as the “complaining witness,” during jury instructions as a “person,” and during the trial by her proper name.

“At trial, references to the accuser as the ‘victim’ by the court or prosecutors would improperly express a personal belief that the accuser is telling the truth or that Kobe Bryant is guilty,” Haddon wrote.

The motion was filed only a week after Judge Terry Ruckriegle upheld the use of the term “victim” to describe Bryant’s accuser, saying the woman should be afforded privileges under the Colorado Victims’ Rights Act, including financial reimbursement for medical and mental health treatment. However, the judge did not rule on the terminology to be used at trial.

Legal experts say the names of those alleging sexual assault normally are used at trial.

“I don’t know of any sexual assault case where the person’s name hasn’t been used,” said Karen Steinhauser, a law professor at University of Denver and former prosecutor. “I don’t think this case should be any different.”

Until now, the woman’s identity has been blacked out in court filings and her name has been used in open court on only one occasion, six purportedly unintentional instances by Bryant attorney Pamela Mackey at the October preliminary hearing.

Most of the media covering the case have declined to use her name.

One factor that could convince Ruckriegle to keep the woman’s identity concealed would be if he allows the trial to be televised. Even then, Haddon insists the term “complaining witness” be used rather than “victim.”

“Complaining witness is a neutral term that the Colorado Supreme Court has repeatedly used when referring to the accuser in a sexual assault case either before trial or following acquittal,” Haddon wrote.

Regardless of whether the trial is televised, Haddon wants the judge and prosecutors to refer to Bryant by his name.

Ruckriegle will set a trial date within six months of Bryant’s arraignment next week. At a hearing last week, the judge set a deadline of today for both sides to file motions.

Steinhauser says that as an opening volley, the motion on what to call Bryant and his accuser is frivolous.

“There are issues to spend time arguing over, I just don’t think this is one of them,” she said. “I certainly don’t think jurors will tend to look at a situation as anti-defense because a person is referred to as the ‘victim.’ I think our jurors are a little smarter than that.”